ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Cr.B.A.No.S-94 of 2020
DATE ORDER
WITH SIGNATURE OF JUDGE
1. For orders on office objection
2. For hearing of main case.
30.03.2020.
Mr.Ghulam
Muhammad Barejo, advocate for applicant.
Mr. Aitbar Ali Bullo,
D.P.G for the State.
=
Irshad Ali Shah J;- It is
alleged that the applicant with rest of the culprit were transporting seven
sacks containing “G
2. The
applicant on having been refused pre-arrest bail by learned 2nd Additional
Sessions Judge, Qamber, has sought for the same from this Court by way of
instant application u/s 498 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 otherwise he has nothing to do with
the alleged recovery and co-accused Hussain Bux has already been
admitted to post-arrest bail by this Court. By contending so, he sought for pre-arrest
bail for the applicant on point of malafide.
4. Learned
D.P.G. for the State has recorded no objection to grant of pre arrest bail to
the applicant by conceding that co-accused Hussain Bux has already been
admitted to post-arrest bail by this Court.
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 delay of about ten days; 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;
learned D.P.G has recorded no objection to grant of pre arrest bail to the
applicant; co-accused Hussain Bux has already been admitted to post arrest bail
by this Court. In that situation, no useful purpose would be served if the
applicant is taken into custody and then is admitted to bail on point of
consistency.
7. In
view of above, the interim pre-arrest bail already granted to applicant is confirmed
on same terms and conditions.
8.
The instant bail application is disposed of in above terms.
J U D G E