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 “GGutka” weighing to be 73 KGs and then made his escape good from the place of incident leaving the case property and co-accused Hussain Bux to be arrested by the police, for that the present case was registered.

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