IN THE HIGH COURT OF SINDH AT KARACHI

Present: Justice Mrs. Rashida Asad

Criminal Bail Application No. 1601 of 2019

Date of hearing                     :           25.11.2019

Date of order                         :           25.11.2019

Applicant                            :             Muhammad Nawaz through Mr. Liaquat Ali Awan Advocate

Respondent                         :             The State through Mr. Khadim Hussain, Addl. P.G.

ORDER

Mrs. Rashida Asad, J.- Through this Criminal Bail Application, applicants Muhammad Nawaz s/o Muhammad Nazir sought pre-arrest bail in Crime No. 172/2019 registered at P.S Baldia Town for offences under Sections 269/272/273/337-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 55 puries of different brands of 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.

6.         In view of above, interim pre-arrest bail already granted to the applicant by this Court vide order dated 07.11.2019 is hereby confirmed on same terms and conditions.

7.         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