IN THE HIGH COURT OF SINDH AT KARACHI

Present: Justice Mrs. Rashida Asad

Criminal Bail Application No. 1585 of 2019

Date of hearing                     :           19.11.2019

Applicant                            :             Asif through Mr. Abdul Ghaffar Khan Advocate

Respondent                         :             The State through Mr. Farman Ali, Addl. P.G.

ORDER

Mrs. Rashida Asad, J.- Through this Criminal Bail Application, applicant Asif s/o Bashir sought post arrest bail in Crime No.185/2019 registered at P.S Khokhrapar, Karachi, for offences under Sections 269/272/337-J PPC.

2.         Relevant facts of the prosecution case for disposal of the application are that on 26.09.2019 at 1330 hours during patrolling the applicant/accused was apprehended in suspicious condition and from a shopping bag holding by him 250 puries of mawa gutka were recovered and taken into police custody, considering the same as injurious to health. The applicant/accused was arrested and such memo of arrest and recovery was prepared in presence of mashirs. Resultantly, FIR was lodged against the applicant on behalf of state.

3.         Learned counsel for the applicant has submitted that the applicant/accused was arrested from a thickly populated area, but no private independent witness has been associated ; that the applicant/accused is innocent and Section 337-J PPC is not attracted in the present case ; that nothing has been recovered from the exclusive possession of the applicant/accused and the alleged recovery has been foisted upon him ; that there is no direct evidence against the applicant/accused and it is a fit case for further inquiry. He prayed that interim pre-arrest bail already granted to the applicant/accused may be confirmed.

4.          Learned Addl. PG has opposed the bail application on the ground that the material recovered from the possession of the applicant/accused is injurious to health and the case is at initial stage and if the applicant/accused is granted bail, certainly he will repeat the offence, therefore bail application is liable to be dismissed.

5.         After hearing the learned counsel for the parties and perusing the record, it is observed that whole case of the prosecution is based upon the evidence of police officials and no private independent witness has been associated despite the fact that the place from where the applicant/accused was arrested is a thickly populated area. The evidence of the police officials are required to be scrutinized minutely at the time of trial, whether the alleged incident has taken place in a fashion as stated in the FIR or not. The case has been challaned and the applicant/accused is no more required for investigation. It appears that Section 337-J PPC is to be proved by the prosecution after recording evidence whether the alleged Gutka recovered from the possession of applicant/accused was administered to anybody thereby such person/persons caused hurt at the hands of the applicant/accused, hence the matter requires further probe. Resultantly, the bail application is allowed and the applicant/accused Asif s/o Bashir is admitted to bail subject to furnishing his solvent surety in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with PR bond in the like amount to the satisfaction of the Nazir of this Court. These are the reasons for the short order announced on 19.11.2019.

6.         Needless to mention that observations made hereinabove are tentative in nature and the trial Court shall not be influenced upon by the same, while deciding the case on merits.

            Bail application stands disposed of. 

    JUDGE