ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No. S -249 of 2020.

 

For Hearing of bail application

                       

05-06-2020.

Mr. Ghulam Shabbir Dayo advocate for applicant.

Mr. Abdul Rahman Kolachi DPG for the State

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Irshad Ali Shah, J;- It is alleged that on arrest from applicant Mst. Safia was secured 1960 grams of charas by police party of PS Mirpur Mathelo led by SIP Shahid Hussain Memon for that the present case was registered.

2.        The applicant on having been refused post arrest bail by learned Ist Additional Sessions Judge/MCTC Ghotki, has sought for the same from this Court by way of instant Crl. Bail application under section 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; there is no independent witness to the incident and report of chemical examined is still awaited. By contending so he prayed for release of applicant on bail on point of further inquiry. In support of his contention he has relied upon unreported order dated 27-07-2017 passed by Hon’ble Supreme Court of Pakistan in Cr. Petition No.684 of 2017 Re. Dhani Bux Vs. the State.

4.        Learned DPG for the State has opposed to grant of bail to the applicant by contending that the offence which the applicant has allegedly committed is effecting the society at large.

5.        I have considered the above arguments and perused the record.

6.        The complainant with his police party went at the place of incident on information yet he failed to associate with him an independent person to witness the possible arrest and recovery, such omission on his part could not be over looked. The charas has been sent to the chemical examiner on 3rd day of its recovery and report of chemical examiner is still awaited. The applicant is a female. In these circumstances, her guilt obviously is calling for further enquiry.  

8.        In view of above the applicant is admitted to bail subject to her furnishing surety in sum of rupee one lac and P.R bond in the like amount to the satisfaction of learned trial Court.

9.        The instant Crl. Bail Application is disposed of accordingly.

 

                                                                                                                    Judge

 

Nasim/P.A