ORDER SHEET
IN THE HIGH COURT OF SINDH, AT KARACHI
Cr. B. A. No.1075 of 2022
DATE ORDER
WITH SIGNATURE OF JUDGE
1.
For orders on M. A. No.8329/2022 (U/A)
2.
For hearing of bail application
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05.07.2022
Mr.
Muhammad Farooq, advocate for applicant
Ms.
Rubina Qadir, D.P.G.
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Irshad
Ali Shah J.— It is alleged that on arrest from the
applicant was secured 130 grams of heroin powder, for that he was booked and
reported upon by the police. On having been refused bail by learned Model
Criminal Trial Court/Ist Additional Sessions Judge Malir, Karachi he
has sought for the same from this Court by way of instant criminal bail
application under section 497 Cr. PC.
It is contended by learned counsel
for the applicant that the applicant being innocent has been involved in this
case falsely by the police; the offence alleged against him does not fall
within the prohibitory clause and he is in custody for about two months without
effective progress in trial of his case, therefore, he is entitled to be
released on bail on point of further inquiry.
Learned DPG for the State has
opposed to release of the applicant on bail by contending that offence which he
allegedly has committed is affecting the society at large.
Heard argument. Perused record.
Despite advance information about
the incident, no independent person was associated by the complainant to
witness the arrest of the applicant and recovery so made from him, allegedly,
such omission on his part could not be lost sight of. The case has finally been
challaned and there is no apprehension of tampering with the evidence on the
part of the applicant. In these circumstances, the case for release of the
applicant on bail on the point of further inquiry obviously is made out.
In view of above, the applicant is
admitted to bail, subject to his furnishing surety in sum of Rs.50,000/- and P.
R. Bond in the like amount to the satisfaction of the trial court.
The instant bail application is
disposed of accordingly.
J U D G E
Gulsher/PS