ORDER-SHEET

IN THE HIGH COURT OF SINDH CIRCUIT COURT HYDERABAD

Criminal Bail Application No.S-775 of 2018

Date of hearing:                  31.12.2018.

Date of order:                      31.12.2018.

Applicant:                            Chanesar alias Chano s/o Bushkh through Mr. Ghulamullah Chang, advocate.

Respondent:                         The State through Mr. ShawakRathore Deputy Prosecutor General, Sindh.

O R D E R

Fahim Ahmed Siddiqui, J:  The applicant Chanesar alias Chano son of Bushkh is seeking his release on post arrest bail during trial in a case registered against him at PS Shahdadpur, District Sanghar vide FIR No. 201/2018 under Section 9 (c) CNS Act, 1997.

2.                After enriching myself from the valued submissions of the learned counsel for the applicant and learned DPG for state and scanning the record, I have observed as under:-

(a) The allegation against the applicant is that he was arrested on spy information during routine patrolling, while he was allegedly selling charas on Hingora Road, and from his possession 2050 grams of hashish (charas) was recovered.

(b) There was beforehand information but in spite of such information, the raiding police party did not try to associate at least one private witness from the locality to become marginal witness of the 'memo of arrest and recovery'.

(c) No doubt for a criminal case, the police officials are as good as private witnesses but when the raid is conducted on a tipoff, non-association of private witness in the backdrop of animosity with police, creates a ground for further inquiry.

(d) The allegation of false involvement and highhandedness under the specific allegation of animosity with police bears weight for false involvement.

(e) Only 2050 grams of hashish(charas) was recovered and for such small quantity, there was no need for sampling. It would be comfy and applicable to send the entire property, which also creates doubt.

(f) Admittedly, no purchaser of the hashish (charas) was found at the place of recovery and no evidence in this respect collected by the raiding police party.

3.                In view of the above observation, I am confident that a case of bail has been made out in favour of the applicant, as such,he is entitled to post arrest bail in the instant case.

4.                The ultimate outcome of the above discussion is that since the applicant is entitled to bail; therefore, he was admitted to bail subject to his furnishing solvent surety in the sum of Rs. 100,000/- (Rupees one hundred thousand only) and PR bond in the like amount to the satisfaction of the trial Court through my short order dated 31.12.2018 and these are the reasons for the same.

5.                Before parting, I would like to make it clear that if applicant misuses the benefit of bail in any manner, then the trial Court is fully authorised to take every action against the applicant and his surety including cancellation of bail without making a reference to this Court.

JUDGE