ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-76 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

1. For orders on MA No.1279/2020. U/A.

2. For orders on office objection

3. For orders on MA No.958/2020. E/A.

4. For hearing of bail application.

26.03.2020.

M. Asiya Agha Pathan, advocate for the applicants.

                        Mr. Aitbar Ali Bullo, D.P.G for the State.

                                                =

Irshad Ali Shah J;- It is alleged that the applicants were found transporting 03 cartoons sacks containing gutka in shape of sachets weighing to be 55Kg an  injurious / poisonous  substance which was intending to spread infection / disease likely to be dangerous / poisonous to human lives, for that they were booked and reported upon by the police.

2.       The applicants on having been refused post arrest bail by learned Sessions Judge, Jacobabad has sought for the same from this Court by way of instant application u/s 497 Cr.P.C.

3.       It is contended by learned counsel for the applicants that they being innocent have been involved in this case falsely by the police and they have nothing to do with the alleged recovery. By contending so, he sought for post arrest bail for the applicants on point of further enquiry.

4.       Learned D.P.G. for the State has opposed to grant of bail to the applicants by contending that the offence which they have committed is affecting the society at large.

5.       I have considered the above arguments and perused the record.

6.       All the penal sections applied in the case are bailable excepting section 337-J PPC, the applicability whereof obviously is requiring its determination at trial; there is no independent witness to the incident; the alleged substance has been subjected to chemical examination with considerable delay; the case has finally been challaned and there is no apprehension of tempering with the evidence on the part of applicants as all the witnesses are police officials and the applicants are in custody for more than two months without effective trial. In these circumstance, it is rightly been contended by the learned counsel for the applicants that the guilt of the applicants is calling for further inquiry.

7.       In view of above, the applicants are admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs. 100,000/- (Rupees One Lac) each and PR bond in the like amount to the satisfaction of learned trial court.

8.       The instant bail application is disposed of accordingly.

                                                                                                                 JUDGE

S.Ashfaq