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