ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                                Cr.Bail.Appl.No.S-   1171   of  2018

DATE        ORDER WITH SIGNATURE OF JUDGE

03.01.2019.

Mr. Bilawal Bajeer, Advocate for applicant.

Mr. Nazar Muhammad Memon, A.P.G. for the State.

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            Through instant bail application, applicant Alif s/o Habib by caste Gaju seeks post arrest bail in Crime No.57/2018 registered at Police Station Islamkot for offence u/s 9(b) of CNS Act, 1997.

2.         Precisely relevant facts are that on 16.11.2018 at 1430 hours complainant SIP Hamirji of CIA Tharparkar alongwith his subordinate left his office for the purpose of Naka-Bandi and when they reached at Islamkot-Tharparkar Engro Mor, they saw the present applicant standing on left side of the road in a suspicious manner. The present applicant was apprehended and during search recovery of 500 grams charas, one Q-Mobile phone and Rs.1250/- was affected from his possession. The accused and case property were brought at Police Station. FIR was registered against the applicant. After usual investigation he was sent up for trial.

3.         Learned counsel for the applicants inter alia contends that recovery affected from the applicant is 500 grams charas; chemical report is delayed; no independent person has been cited as witness; applicant has no previous criminal record; investigation is completed; all the prosecution witnesses are police officials hence there is no question of tampering with the prosecution evidence. He lastly contended that applicant is behind the bar since last about 2 months.

4.         Learned A.P.G. opposed this application on the ground that this is a crime against society, however he concedes that there is no criminal history of applicant.

5.         After careful consideration of contentions of learned counsel for the parties and meticulous examination of available record, alleged contraband narcotics is 500 grams charas. No private witnesses have been associated to witness the recovery proceedings and the complainant party least could have made an attempt to associate private mashirs from the pointed place; there is a delay in sending the representative part for chemical examination which (delay) would also be required an explanation by prosecution hence making a room for further probe. Applicant has been in continuous custody since last about 2 months and is no more required for any purpose of investigation nor the prosecution has claimed any exceptional circumstance which could justify keeping the applicant behind the bars for an indefinite period. Moreover, prosecution has not claimed that the applicant is previously involved in same nature of the cases. All the prosecution witnesses are police officials hence there is no question of tampering with the evidence. Therefore, keeping peculiar facts of instant case; continuous detention of more than 2 months as well minimum punishment, which normally may be considered while dealing with bail plea, I am of the view that scale tilts in favour of the applicant for grant of bail as no useful purpose is likely to be served with further detention of applicant pending determination of his guilt.

06.       Keeping in view the above given circumstances, prima facie, applicant has succeeded to bring his case within the purview of subsection 2 of section 497 Cr.P.C, for this reason, he is admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs.100,000/-(Rupees one lac) and P.R Bond in the like amount to the satisfaction of trial Court.

                                                                                                                  JUDGE

Tufail