ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-353 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

11.11.2021

                        Mr. Shahbaz Ali Brohi, Advocate for the applicant.

Mr. Abdul Ghaffar, A.P.G for the State.

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IRSHAD ALI SHAH - J;- It is alleged that on arrest from the applicant has been secured 1500 grams of Charas, by police party of P.S Gaheja, led by ASI Abdul Sattar Memon, for that the present case was registered.

                        The applicant on having been refused post-arrest bail by learned Sessions/Special Judge (CNSA), Shikarpur, has sought for the same from this Court by way of instant application under section 497 Cr.PC.

                        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 the Charas has been sent to the Chemical Examiner with considerable delay to its recovery; therefore, the applicant is entitled to grant of post-arrest bail on point of further inquiry.

                        Learned A.P.G for the State has opposed to grant of post-arrest bail to the applicant by contending that the offence which the applicant has committed is affecting the society at large.

                        I have considered the above arguments and perused the record.

                        There is no independent witness to the incident. The Charas has been sent to the Chemical Examiner with delay of about one month and nine day to its recovery and such delay having not been explained could not be overlooked. The case has finally been challaned. The applicant is in custody since five months without effective progress in trial of his case. There is no apprehension of tampering with the evidence on the part of applicant. In these circumstances, the applicant is found entitled to grant of post-arrest bail on point of further inquiry.

                        In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.50,000/-and PR bond in the like amount to the satisfaction of learned trial Court.

                        The instant application is disposed of accordingly.     

                                                                                              J U D G E