ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Bail Appln.No.S-232 of 2020

Date of hearing

Order with signature of Judge

                                    For hearing of bail application.

17.08.2020

Mr.Asif Ali Abdul Razzak Soomro, Advocate for applicant

                        Mr. Muhammad Noonari, Deputy Prosecutor General

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IRSHAD ALI SHAH, J.- It is alleged that a police party of P.S Garhi Khairo, led by Inspector Rafique Ahmed Khero while on patrolling seen the applicant sitting at his otaq and found lying in front of him an unlicensed Rifle and a Sack containing 17 K.Gs of Charas, for that he was booked and reported upon by the police.

2.        The applicant on having been refused post-arrest bail by learned Sessions Judge/Special Judge (CNS), Jacobabad, has sought for the same from this Court by way of instant 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; the Charas was not found in exclusive possession of the applicant; there is no independent witness to the incident; the charas has been sent to the Chemical Examiner with delay of about four days and the complainant has conducted the investigation of the present case himself. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.        Learned D.P.G. for the State has opposed to grant of bail to the applicant by contending that the applicant has committed the offence, which is affecting the society at large.

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

6.        The name of the applicant is appearing in the FIR with specific allegation that he was seen sitting in his otaq and in front of him was found lying an unlicensed Rifle and a sack containing 17 K.Gs of Charas. In that situation, it would be hard to conclude that the applicant was not found to be in exclusive possession of the Charas. Nothing has been brought on record which may suggest that the police was having any grudge against the applicant to involve him in this case falsely by making foistation of Charas upon him. The police officials are as good witnesses as others and there appears no reason to disbelieve them at this stage. The Charas might have been sent to the chemical examiner with delay of about four days but such delay could not be resolved by this Court at this stage. There is nothing in law which could have prevented the complainant from conducting the investigation of the case like the present one, wherein material investigation would stand completed on arrest of the accused. The deeper appreciation of the facts and circumstances, even otherwise, is not permissible at bail stage. There appear reasonable grounds to believe that the applicant is guilty of the offence for which he is charged.

7.                    No case for grant of bail to the applicant is made out. Consequently, the instant bail application is dismissed.

                                     J U D G E