IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

 

        Crl. Bail A. No.S-430 of 2021        

 

DATE OF

HEARING

 

ORDER WITH SIGNATURE OF JUDGE.

 

                           1. For orders on O/objection at flag-A.

                            2. For hearing of bail application.

 

 

17.09.2021

 

 

Mr. Sudham Chand Kewalramani Advocate for applicant.

Mr. Shafi Muhammad Mahar D.P.G for state.

                   ***************

 

            O R D E R

 

 

 

 

ZAFAR AHMED RAJPUT;           Having been rejected his earlier Crl. Bail application bearing No.885 of 2021 by learned Additional Sessions Judge/Special Judge (CNSA)/MCTC, Ubauro vide order dated 30.06.2021, applicant/accused Abdul Ghaffar son of Shaman alias Shamsuddin Bozdar seeks post-arrest bail in Crime No.84 of 2021 registered at Police Station, Mirpur Mathelo under Section 9 (c) CNS Act, 1997.

 

2.       The allegation against the applicant/accused is that on 21.05.2021 he was arrested by the Police headed by ASI Ghulam Hyder being found in possession of 1500 grams Charas in pieces at near Hassan Shaheed waro Mekhano towards western side of Police Station. 

 

3.       After hearing the learned Counsel for applicant, learned Deputy Prosecutor General and perusing the record with their assistance, it appears that alleged 1500 grams Charas has been shown in FIR recovered in pieces; however, number of pieces have not mentioned in the FIR. It is also not mentioned in the FIR that the samples were taken for chemical analysis from each piece of Charas. Besides, the alleged charas has been sent to chemical examiner on 31.05.2021 after delay of nine days. Even for the sake of arguments whole substance is treating as Charas, though only 300 grams have been sent to chemical examiner, the same is appeared to be a border line case which attract the provisions of 9(b) and 9(c) CNS Act, 1997. Hence, under the circumstances the case of the applicant appears to be one of further inquiry as envisaged under Sub-Section (2) of Section 497 Cr.P.C entitling the applicant for concession of bail.

 

          Accordingly, instant Crl. Bail application is allowed by admitting the applicant into bail subject to furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty thousand) and PR bond in the like amount to the satisfaction of learned trial Court.

 

          Application stands disposed of.

 

                                                                                                        J U D G E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ihsan