IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No.345 of 2019

DATE              ORDER WITH SIGNATURE OF JUDGE                    

Applicant              :         Hassan Ali son of Aijaz Ahmed, through

Mr. Muhammad Nizar Tanoli, Advocate.

Respondent          :         The State through Mr. Zafar Ahmed Khan,

Additional Prosecutor General, Sindh.

Date of hearing     :         02.05.2019

Date of decision    :         02.05.2019

O R D E R

Abdul Maalik Gaddi, J. Through this bail application, the applicant seeks post-arrest bail in Crime No.80 of 2019 registered at police station Sachal, Karachi, under Section 6/9-C of Control of Narcotics Substance Act, whereby the learned trial Court after hearing the parties, dismissed the bail plea of the applicant vide order dated 21.02.2019.

2.       Precisely, the facts as set forth in the FIR are that on 11.02.2019 at about 1715 hours, the present applicant along with co-accused Syed Waqas Shah, were apprehended from katcha road, power house near Madina Colony, Karachi, and on personal search, police recovered 1035 grams charas along with Rs.200/- from present applicant, whereas, 1030 grams charas was also recovered from the co-accused Syed Waqas Shah, in presence of mashirs.

3.       Learned counsel for the applicant inter alia argued that the case against the applicant/accused is false and has been falsely booked by the complainant. He next contended that the alleged recovery has been foisted upon the applicant/accused by police with malafide intention. He further contended that the case has been challaned and the applicant/accused is no more required for investigation; that the applicant/accused has no past criminal history and it is yet to be determined at the time of trial whether the applicant/accused has committed the alleged offence as narrated in the FIR in a fashion as stated in FIR or otherwise, till then, the case of the applicant/accused requires further probe; that co-accused namely, Syed Waqas Shah had already been granted post-arrest bail by the trial Court vide order dated 10.04.2019, therefore, the present applicant/accused is also entitled for same relief by following the rule of consistency.

4.       In contra, learned Additional Prosecutor General, Sindh has opposed this bail application on the ground that the name of applicant/accused is appearing in the FIR with specific role that at the time of arrest of the applicant/accused, police recovered 1035 grams of charas from his possession in presence of mashirs, who have no inimical terms with him.

5.       I have heard the learned counsel for the parties at length and have gone through the case papers so made available before me.

6.       It is an admitted position that case has been challaned and the applicant/accused is no more required for investigation. The whole case of the prosecution is rest upon the evidence of police officials. No doubt that the evidence of police officials are as good as other witnesses, but since the whole case of prosecution rest upon the police officials, therefore, their evidence is required to be minutely scrutinized at the trial. The case and claim of the prosecution has been denied by the Counsel for applicant/accused. Nothing on record that the applicant/accused is previously convicted or remain indulged in such type of activities in past. Co-accused Syed Waqas Shah, almost on same facts, had already been granted bail in instant crime by the trial Court vide order dated 10.04.2019.

7.       As observed above, challan has been submitted and this accused is no more required for further investigation, so also, co-accused Syed Waqas Shah had already been granted bail by the trial Court, therefore, under the circumstances, the applicant/accused is also entitled for grant of bail by following the rule of consistency, I accordingly in view of what has been discussed above, allow the captioned bail application. Consequently, the applicant/accused is granted bail, subject to his furnishing solvent surety in the sum of Rs.50,000/- [Rupees Fifty Thousand only] and PR Bond in the like amount, to the satisfaction of trial Court.

8.       Needless to mention here that observations, if any, made hereinabove are tentative in nature and would not influence the trial Court while deciding the case of the applicant/accused on merits. It is made clear that in case applicant/accused during proceedings before the trial Court, misuses the concession of bail, then the trial Court would be competent to cancel the bail of applicant/accused without making any reference to this Court, but as per law.

JUDGE

Faizan/PA*