IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Application No.S-225 of 2018

Applicant:                                          Muharram Ali son of Muhammad Siddiq Hulio

Through Mr.Ahmed Bux Abro, Advocate

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

Date of hearing          :                       06.07.2018               

Date of order             :                       06.07.2018   

O R D E R

IRSHAD ALI SHAH. J- It is alleged that on arrest from the applicant was secured 02 K.Gs of Charas, by police party of P.S Bakapur, which was led by ASI Ali Gul Sangi, 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 six months without any active progress in trial. By contending so, he sought for release of applicant on bail on point of further enquiry. In support of his contention, he relied case of Asghar Ali vs. the State (2008 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, the property has been sent to the chemical examiner with delay of four days without any plausible explanation to such delay, the case has finally been challaned and the applicant is in custody since six months, there is no chance of tampering with the evidence on the part of the applicant on his release on bail as all the witnesses of the prosecution against him are police personnel, 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.

                                                                                                J U D G E