ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No. S -289 of 2020

Date Order with Signature of Hon’ble Judge

For hearing of Bail Application

26-06-2020

Mr. Riaz Hussain Khaskheli Advocate for the 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 was secured 2000 grams of charas by police party of PS Ranipur led by SIP Manshad Kalwar, 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 grant of bail to applicant as according to him his case is calling for 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 allegedly has 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 considerable delay to its recovery and report of the Chemical Examiner is still awaited. In these circumstances, it is rightly being contended by learned counsel for the applicant that the applicant is entitled to be released on bail as his guilt is calling for further enquiry.

8. In view of above the applicant is admitted to bail subject to 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

Nasim/P.A