ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Bail Application No. 1303 of 2022

(Hamza Vs. The State)

DATE                            ORDER WITH SIGNATURE OF JUDGE

For hearing of bail application

 

01.08.2022

 

Mr. Nasrullah Malik advocate for the applicant

Mr. Talib Ali Memon Assistant P.G Sindh

-.-.-.-.-.-.-.

 

IRSHAD ALI SHAH, J. It is the case of the prosecution that applicant, his mother Mst. Shirin Bibi and his brother Kamran were arrested by the police party of PS Gulistan-e-Jauhar and on search from them were secured 2200 grams of Charas, 68 and 66 grams of heroin powder, respectively, for that they were booked and reported upon.

The applicant on having been refused bail by learned V-Additional Sessions Judge/ MCTC Karachi East has sought for the same from this Court by way of instant bail application under section 497 Cr.P.C.

It is contended by learned counsel for the applicant that applicant being innocent has been involved in this case falsely by the police by foisting the charas upon him; there is no independent witness to the incident; the applicant being young man is first offender and co-accused Mst Shirin Bibi and Kamran have already been admitted to bail by learned trial Court, therefore, the applicant is entitled to be released on bail on point of further inquiry and consistency.

It is contended by learned Assistant P.G for the state that the applicant is neither innocent nor is involved in this case falsely, his family is having a criminal record and his case so far quantity of narcotic substance is concerned, is distinguishable to that of the co-accused Mst. Shirin Bibi and Kamran. By contending so, he sought for dismissal of the instant bail application. In support of his contention he relied upon case of Muhammad Noman Munir vs. The State (2020 SCMR 1257).

Heard arguments and perused the record.

The applicant is named in FIR with specific allegation that on arrest from him has been secured 2200 grams of charas with remote chance of its foistation. In that situation, it would be premature to say that the applicant being innocent has been involved in this case falsely by the police. No doubt there is no independent witness to the incident but for this reason the official witnesses could not be disbelieved by this Court at this stage. Co-accused Mst. Shirin Bibi and Kamran of course have been admitted to bail by learned trial Court but their case is distinguishable to that of the applicant as from them on arrest were secured 66 and 68 grams of heroin powder, which is much less in weight from the charas secured from the applicant, which is said to be 2200 grams. The applicant may be a young man and first offender with no criminal record but this fact alone is not enough to enlarge him on bail in case like the present one. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged.

In view of above it is concluded safely that no case for grant of bail to the applicant is made out. Consequently, the instant bail application is dismissed with direction to learned trial Court to dispose of the very case within three months after receipt of copy of this order.

 

        JUDGE