ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-189 of 2020

DATE                          ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application.

23.04.2020.

Mr. Abdul Rehman Mughul, Advocate for the applicant.

                        Mr. Muhammad Noonari, D.P.G for the State.

                                                -.-.-.-.-.-.-.-.-

Irshad Ali Shah-J: It is alleged by the prosecution that the applicant was found transporting 637 ½ K.Gs of Gutka and Beaten Nuts, an injurious/poisonous  substance which was intending to spread infection/disease likely to be dangerous/poisonous to human lives, by the police party of P.S Saddar, Jacobabad, led by ASI Barkat Ali Golato, 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 same from this Court by way of instant application u/s 497 Cr.PC.

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 and he has nothing to do with the alleged recovery. By contending so, he sought for release of the applicant on bail on point of further inquiry.

4.       Learned D.P.G. for the State has opposed to release of the applicant on bail 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 FIR are bailable except section 337-J PPC, the applicability whereof obviously is calling for its determination at trial; there is no independent witness to the incident and the report of the chemical examiner is still awaited. In these circumstances, the applicant is found entitled to be released on bail on point of 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.200,000/- (Rupees Two Lac) and PR bond in the like amount to the satisfaction of learned trial court.

8.       The instant bail application is disposed of accordingly.

                                    JUDGE