ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Cr.B.A.No.S-44 of 2020

 

DATE                          ORDER WITH SIGNATURE OF JUDGE

 

For hearing of bail application.

 

06.04.2020.

 

Mrs. Asiya Agha Pathan, 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 in possession of 160 packets containing “GGutka” weighing to be 40 KGs, for that he was booked and reported upon by the police.

2.       The applicant on having been refused post arrest bail by learned 2nd 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 the applicant being innocent has been involved in this case falsely by the police; he has nothing to do with the alleged recovery and he is in custody since date of his arrest. By contending so, she sought for post arrest bail for the applicant on point of further inquiry.

4.       Learned D.P.G. for the State has waived the notice and 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 calling for 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 more than five 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.100,000/- and P.R bond in the like amount to the satisfaction of learned trial court.

8.       The instant bail application is disposed of accordingly.

 

 

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