ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No.S- 197 of 2019

Date                 Order with Signature of Hon’ble Judge

 

For hearing of bail application

22.04.2019

Mr. Shoukat Ali Makwal Advocate for the Applicant

Syed Sardar Ali Shah, DPG for the State

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IRSHAD ALI SHAH, J; The applicant and others are said to have been found transporting huge quantity of Narcotics substances through their Cars, for that they were booked and reported upon by the police. The applicant was denied concession of bail by learned trial Court and he then sought for the same from this Court, such application he did not press with direction to learned trial Court to conclude the proceedings of this case within two months. The case could not be concluded within stipulated period of two months then the applicant by way of an application u/s 497 Cr.P.C sought for his release on bail. It was denied. It is in these circumstances, the applicant has sought for his release on bail from this Court by way of instant bail application.

2.                    It is contended by learned counsel for the applicant that the learned trial Court has not been able to conclude the trial against the applicant in terms of direction by this Court, which has made the applicant to be released on bail as a matter of right.

3.                    Learned DPG has sought for dismissal of instant bail application by contending that no fresh ground is available to the applicant which  may justify admitting him to bail.

4.                    I have considered the arguments and perused the record.

5.                    Admittedly, the applicant has been refused bail by learned trial Court on merits and his application for his release on bail was dismissed by this Court as not pressed with direction to learned trial Court to make disposal of the case against the applicant within two months. There was nothing in the order of this Court which may suggest that if the case against the applicant is not concluded within two months, then the applicant could be released on bail as a matter of right. No justification / fresh ground is made available by the applicant which may make him entitled to be released on bail. Consequently, the instant bail application is dismissed with an advice to learned trial Court to expedite the disposal of the case against the applicant within shortest possible time.

 

Judge

 

ARBROHI