ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-162 of 2023

(Naraindas Vs. The State)

DATE                         ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

20.04.2023.

Mr. Amanullah Luhur, Advocate for the applicant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

  -.-.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH, J.- It is alleged that on arrest from the applicant was secured 1050 grams of Charas by police party of P.S, A-Section Kandhkot, for that he was booked and reported upon.

2.        The applicant on having been refused post-arrest bail by learned      Sessions/Special Judge/(CNS), Kashmore @ Kandhkot, has sought for the same from this Court by way of instant bail application U/S.497 Cr.PC.

3.        It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police and there is no independent witness to the incident. By contending so, he sought for release of applicant on bail on point of further enquiry.

4.        Learned Addl.P.G for the State has opposed to release of applicant on bail by contending that as per amendment introduced in CNS law, the minimum sentence prescribed for the alleged offence is 09 years and offence which the applicant has allegedly committed is affecting society at large. In support of his contention, he relied upon case of Bilal Khan Vs The State (2021 SCMR 460).

5.        Heard arguments and perused the record.

6.        As per FIR on arrest of the applicant has been secured 1050 grams of the Charas. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the police by foisting upon him such recovery. The complainant and his witnesses could not be disbelieved at this stage only for the reason that they are police officials, ignoring the recovery of the Charas from the applicant which is substantiated with positive report of chemical examiner. There appear reasonable grounds to believe that the applicant is guilty of the offence, with which he is charged. In these circumstances it could be concluded safely that no case for release of the applicant on bail is made out. Consequently, the instant bail application is dismissed, with direction to learned trial Court to expedite the disposal of very case preferably within two months, after receipt of copy of this order.

                                                                                                   JUDGE