IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Crl. Bail Application No.S-804 of 2021
|
Date of hearing |
Order with signature of Judge |
For
hearing of bail application.
O R D E R.
31-01-2022.
M/s Nisar Ahmed Bhanbhro and
Sheeraz Fazal advocates for the applicant.
Mr. Aftab Ahmed Shar,
APG for the State.
AMJAD ALI SAHITO J., Through the
instant Application, applicant/accused Abdul Hafeez Thebo seeks post arrest
bail in Crime No. 97/2021, offence u/s 9 (C ) of CNS Act, registered at police
Station Hingorja, District Khairpur. Prior to this, he filed such application,
but the same was turned down by learned 1st Additional Sessions
Judge/(MCTC), Special Judge for (CNS) Khairpur vide order dated 07-12-2021,
hence he filed instant Crl. Bail Application.
2. The details and particulars of the FIR are already
available in the bail application and FIR, same could be gathered from the copy
of FIR attached with such application, hence, needs not to reproduce the same
hereunder.
3. Learned counsel for
applicant submits that applicant is innocent and has falsely been implicated in
this case by the police; that charas allegedly recovered from the possession of
applicant/accused is foisted upon him and nothing has been recovered from his
possession; that applicant/accused has falsely been by the police and except
this crime no any other case of like nature has been registered against him;
that case has been challaned and applicant/accused is no more required for
further investigation; therefore, he pray for grant of bail. He placed his
reliance on cases of Nisar Mahmood Vs.
The State (2021 P.Cr.L.J 443) and
Ayaz Khan and another Vs. The State (2020
SCMR 350).
4. On the other hand, learned
APG for the State opposed the grant of bail on the ground that huge quantity of
charas has been recovered from the possession of applicant/accused, therefore,
he is not entitled for concession of bail.
5. I have heard learned
counsel for applicant, learned APG for the State and have gone through the
material available on record.
6. Admittedly it is day time
incident and the place of incident is Darwesh Muqam which is situated link road
leading from Hingorja to Rasoolabad, which is thickly populated area, but
complainant has failed to associate any private person as mashir and both the
mashirs namely ASI Karim Bux Shahani and PC Irfan Ali Junejo are working under
the subordination of complainant. Reliance is placed on the case of Nasir Mahmood (Supra) the bail was granted to accused from whom 2040 grams
charas was recovered on the ground that all the prosecution witnesses were
police officials, hence there was question of tampering with the evidence.
Continuous detention of more than two months as well as minimum punishment
could be considered while dealing with bail plea of the accused. At bail stage
only tentative assessment is to be made. The case has been challaned and the
applicant/accused is in jail and he is no more required for further investigation.
7. In view of above discussion, learned counsel for
the applicant/accused has made out a good case for grant of bail in the light
of sub section (2) of Section 497 CrPC, hence the instant bail application is allowed,
applicant/accused is admitted to bail subject to furnishing his solvent surety
in the sum of Rs. 100,000/- (one lac) and P.R bond in the like amount to
satisfaction of learned trial Court. If applicant/accused misuses the
concession of bail, then trial Court is at liberty to take action against him.
8. Needless
to mention that the observations made hereinabove are tentative in nature and
would not influence the Trial Court while deciding the case of the applicant on
merits.
J U D G E
Nasim/P.A