ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

2^nd Crl.Bail Appln.No.S-374 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

07.08.2020

Mr.Abdul Rehman Mughal, Advocate for the applicant

                        Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that the applicant with rest of the culprits was transporting 162 K.Gs of “GGutka” substance which is said to be injurious to human life, through his vehicle and on search from him and others were secured unlicensed pistols and forged office Card of I.S.I, for that the present case was registered.

2.        The applicant on having been refused post-arrest bail by learned 2^nd Additional Sessions Judge, Jacobabad, has sought for the 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 he being innocent has been involved in this case falsely by the police otherwise he has nothing to do with the alleged incident. 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 allegedly has committed is affecting the society at large and his earlier application for his release on bail has been dismissed by this Court as not pressed.

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

6.        All the penal sections applied in FIR are bailable excepting one under section 337-J PPC, the applicability whereof is calling for its determination at trial. There is no independent witness to the incident and the applicant is in custody for about eight months. In these circumstances, it is rightly being contended by learned counsel for the applicant that a case for release of the applicant on point of further inquiry is made out.

7.         The earlier bail application of the applicant was straight away dismissed as not pressed, therefore such disposal of earlier bail application could hardly be said to be on merit, which operate as resjudicata against the applicant. Consequently, the applicant is admitted to post arrest bail subject to his furnishing solvent surety in the sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of learned trial court.

8.        The instant bail application is disposed of accordingly.

                                     J U D G E