ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl.Bail Appln.No.S-22 of 2022.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of bail application.

24.02.2022

                        Mr. Aijaz Ali Kalhoro, Advocate for the applicant.

                        Mr. Imran Ahmed Abbasi, A.P.G for the State.

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IRSHAD ALI SHAH - J;- It is alleged that on arrest from the applicant was secured 02 K.Gs of Charas by police party of P.S Nasirabad, led by ASI Shoukat Ali, for that he was booked and reported upon and on having been refused post-arrest bail by learned Sessions Judge/Special Judge (CNS), Qamber-Shahdadkot @ Qamber, he 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 being innocent has been involved in this case falsely by the police; there is no independent witness to the incident and the case has finally been challaned; therefore, he is entitled to be released on bail on point of further enquiry, which is opposed learned Addl.P.G for the State by contending that the offence is affecting the society at large.

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

4.         No independent person was associated by the complainant to witness the incident despite advance information, which appears to be significant. The Charas has been subjected to chemical examination with delay of about four days. The case has finally been challaned and there is no apprehension of tampering with evidence on the part of applicant. In these circumstances, the guilt of the applicant in commission of the incident obviously is calling for further enquiry.

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

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

                                                                             JUDGE