ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. B. A. No.771 of 2022

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DATE ORDER WITH SIGNATURE OF JUDGE(s)

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Before:

Mr. Justice Irshad Ali Shah

05.07.2022

Mr. Piyas Ali Soomro, advocate for applicant Sohail Saeed

Ms. Rubina Qadir, D.P.G.

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It is alleged that on arrest from the applicant was secured 250 grams of heroin powder, for that he was booked and reported upon by the police. On having been refused bail by learned Criminal Trial Court (Extension)/V Additional Sessions Judge Karachi East 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 three 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 the offence which he 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.

h J U D G E