ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S- 266 of 2020

Date Order with Signature of Hon’ble Judge

For hearing of bail application

22.06.2020

Mr. Bashir Ahmed Shar Advocate for applicant

Mr. Shafi Muhammad Mahar, DPG for the State

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Irshad Ali Shah, J;- It is alleged that on arrest from applicant was secured 2000 grams of charas by police party of PS Mirwah led by SIP Ghulam Asghar Chang, for that the present case was registered.

2. The applicant on having been refused post arrest bail by learned Sessions / CNS Judge, Khairpur, has sought for the same from this Court by way of instant Criminal Bail 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; 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 affecting the society at large.

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

6. There is no witness to the incident; the case property has been sent to the Chemical Examiner with delay of about two days to its recovery and report of the Chemical Examiner is still awaited. In these circumstances, the guilt of the applicant 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 Rupees 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

ARBROHI