ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-49 of 2022.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

03.02.2022

                        Mr. Habibullah Ghouri, Advocate for the applicants.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH - J;- It is alleged by the prosecution that the applicants were found transporting through their Troller, huge quantity of ‘Gutka and Betel nuts”, the substance, which is said to be injurious/poisonous to human lives, for that the present case was registered against them.

2.         The applicants on having been refused post arrest bail by learned             Assistant Sessions Judge-I, Jacobabad, have 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 applicants that the applicants being innocent have 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 two days; therefore, the applicants are entitled to their release on bail on point of further enquiry.

4.         Learned Addl.P.G for the State has opposed to release of the applicants on bail by contending that the offence which they have committed is affecting the society at large.

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

6.         There is no independent witness to the incident. The offence alleged against the applicants is not falling within prohibitory clause of section 497(2) Cr.PC. The entire property has not been subjected to chemical examination. The investigation of the case is over. There is no apprehension of tempering with the evidence on part of the applicants and the applicants are in custody for more than two months without significant progress in trial of their case. In these circumstances, a case for release of the applicants on bail on point of further enquiry obviously is made out.

7.         In view of above, the applicants are admitted to bail subject to their furnishing solvent surety in the sum Rs.100,000/- each and PR bonds in the like amount, to the satisfaction of the learned trial Court.

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