ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-173 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

1. For orders on MA No.1382/2020.

2. For orders on office objection

3. For orders on MA No.1387/2020. E/A.

4. For hearing of bail application.

26.03.2020.

Mr. Mazhar Ali Bhutto, advocate for applicant.

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

                                                =

Irshad Ali Shah J;- It is alleged that the applicant was found transporting 20 sacks containing gutka in shape of sachets weighing to be 200 Kg an  injurious / poisonous  substance which was intending to spread infection / disease likely to be dangerous / poisonous to human lives, for that he was booked and reported upon by the police.

2.       The applicant on having been refused post arrest bail by learned 2^nd Additional 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 applicant that he being innocent has been involved in this case falsely by the police and he has nothing to do with the alleged recovery. By contending so, he sought for post arrest bail for the applicant on point of further enquiry.

4.       Learned D.P.G. for the State has opposed to grant of bail to the applicant by contending that the offence which he has 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 applicant as all the witnesses are police officials and the applicant is in custody for about three months without effective trial. In these circumstance, it is rightly been contended by the learned counsel for the applicant that the guilt of the applicant is calling for further inquiry.

7.       In view of above, the applicant is admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs. 50,000/- 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