ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl. Bail
Application No. S -251 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 Imran Bozdar was
secured 2160 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 dt 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 said to be young man. In these
circumstances, his guilt obviously is calling for further enquiry.
8. In view of above the applicant is
admitted to bail subject to his 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