ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-583 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

13.01.2022

                        Mr. Muhammad Afzal Jagirani, 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 the applicant was found transporting through his Car three sacks containing ‘Gutka & Supari’ in shape of packet, weighing to be 32 K.Gs, which is said to be substance  injurious / poisonous to human lives, for that the present case was registered against him.

2.         The applicant on having been refused post arrest bail by learned             Sessions Judge, Jacobabad, has sought for the same from this Court by way of instant application u/s.497 Cr.PC.

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; there is no independent witness to the incident and the property has been subjected to chemical examination with delay of about four day to its recovery. By contending so, he sought for release of the applicant on bail on point of further enquiry.

4.         Learned A.P.G. for the State has recorded no objection to release of the applicant on bail.

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

6.         There is no independent witness to the incident. Only four packets have been subjected to chemical examination; therefore, the liability of the applicant, if any, would only be to that extent. The offence alleged against the applicant is not falling within prohibitory clause of section 497 Cr.PC. The case has finally been challaned and there is no apprehension of tempering with the evidence on part of the applicant. In these circumstances, a case for release of the applicant on bail on point of further enquiry is made out.

7.         In view of above, the applicant is admitted to bail subject to his furnishing solvent surety in the sum Rs.100,000/- and PR bond in the like amount, to the satisfaction of the learned trial Court.

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

                                                                             JUDGE