IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-233 of 2018

Date	Order with signature of Judge

Present

Mr. Justice Irshad Ali Shah

Applicant:                                          Zamir Hussain s/o Ghulam Nabi Chandio

Through Mr.Amanullah Luhur Baloch, Advocate

Respondent:                                      The State Through Mr. Raja Imtiaz Ali Solangi                                                      A.P.G.

Date of hearing          :                       02.07.2018               

Date of order             :                       02.07.2018   

O R D E R

IRSHAD ALI SHAH. J- It is alleged that on arrest from the applicant was secured 2000 grams of Charas, by police party of P.S Market, which was led by ASI Muhammad Ali Dayo for that he was booked and challaned in the present case.

2.                     On having been refused post-arrest bail by learned trial Court, the applicant has sought for the same from this Court by way of instant application under section 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, there is no independent witness to the incident, the property has been sent to the chemical examiner with unexplained delay of about four days, the case has finally been challaned and the applicant is in custody since seven months without any active progress in trial. By contending so, he sought for release of applicant on bail as according to him his case is calling for further enquiry. In support of his contention, he relied upon order dated 20.01.2014 of this Court passed in Crl.Bail Appln.No.S-31/2014 regarding Khamiso vs. the State and case of Asghar Ali vs. the State(2018 MLD-129).

4.                     Learned A.P.G has opposed to grant of bail to the applicant by contending that the offence which he allegedly has committed is affecting the society at large.

5.                     I have considered the above arguments and perused the record.

6.                     There is no independent witness to the incident, though the offence allegedly has taken place at the populated area of Larkana town, the property has been sent to the chemical examiner with unexplained delay of about four days, such delay could not be lost sight of, the case has finally been challaned and the applicant is in custody since seven months without active progress in trial, there is no chance of tampering with the evidence on the part of the applicant on his release on bail, in that situation, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to grant of bail, as his case is calling for further enquiry.

7.                     In view of above, while relying upon the case law which is referred by the learned counsel for the applicant, the applicant is admitted to bail subject to his furnishing surety in the sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.  

8.                     The instant application is disposed of accordingly.

                                                                                                JUDGE