ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-539 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

23.12.2021

                        M/S. Amanullah Luhur & Abdul Ghani Bijarani,

Advocate(s) for the applicant.

Mr. Ali Anwar Kandhro, Addl. Prosecutor General for the State.

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IRSHAD ALI SHAH - J;- The applicant allegedly was found to be in possession of 2300 grams of Charas, and on account of refusal of bail, by learned Sessions Judge/Special Judge for CNS, Kashmore @ Kandhkot, has sought for the same from this Court by way of instant application u/s. 497 Cr.PC.

2.         It is contended by learned counsel for the applicant that the applicant is innocent and the very case against him was disposed of by the police under “A” class but learned trial Magistrate has taken cognizance of case against him without lawful justification. By contending so, they sought of release of the applicant on bail on point of further inquiry.

3.         Learned Addl.P.G for the State has opposed to release of the applicant on bail by contending that the offence which he allegedly has committed the offence which is affecting the society at large.

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

5.         There is no independent witness to the incident; the Charas allegedly recovered has been subjected to chemical examination on 3^rd day of its recovery, for that no plausible explanation has been offered. On investigation, the applicant was found to be innocent and the very case was recommended by the police to be disposed of under “A” class. In these circumstances, a case for release of applicant on bail on point of further inquiry obviously is made out.

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

7.         The instant criminal bail application is disposed of accordingly.

                                                                                                 JUDGE