ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
Criminal Bail Application No.760 of 2022
(Fayyaz Ahmed vs. The State)
DATE ORDER
WITH SIGNATURE OF JUDGE
For hearing of bail application
28.07.2022
Mr. Wazeer Hussain Khoso, advocate for the applicant
Mr. Abida Parveen Channer, Special
Prosecutor, ANF for the State
-.-.-.-.-.-.-.
IRSHAD ALI SHAH, J. It is alleged that on arrest from the applicant and
co-accused Muhammad Hassan were secured charas
weighing to be 02.070 Kg. and 02 Kg. by police party of P.S. ANF Gulshan-e-Iqbal, Karachi, led by Inspector Aftab Ahmed, for that the present case was registered.
The applicant on
having been refused bail by learned Incharge Judge, Special
Court No.I (CNS), Karachi, has sought for the same
from this Court by way of instant application u/s 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; investigation of the
case is conducted by the complainant and learned trial court is lying vacant
since long, therefore, the applicant is entitled to be admitted to bail on the
point of further inquiry.
Learned Special
Prosecutor ANF has opposed to release of the applicant on bail by contending
that the applicant is neither innocent nor is involved in this case falsely by
the police; independent person(s) are reluctant to extend help to the police in
the case like present one; the investigation of the case by the complainant,
who is police officer, is not prohibited by law; it is the case of conjoint
liability; as per the Sindh Amendment (Act No.III of
2021) offence alleged against the applicant is entailing imprisonment for life
or death; the Incharge Judges are authorized to make
disposal of the cases and the offence which the applicant has allegedly
committed is affecting the society at large.
Heard arguments
and perused the record.
The applicant is
named in FIR with specific allegation that on arrest from him and co-accused
Muhammad Hassan have been secured 02.070 Kg. and 02 Kg. (total 4.070) of charas, respectively by police party of ANF. It apparently is
the case of conjoint liability, therefore, it would be premature to say that
the applicant being innocent has been involved in this case falsely by the
police by foisting such a huge quantity of charas upon
him. No doubt there is no independent witness to the incident but for this
reason the police officials could not be disbelieved by this Court at this
stage; they apparently were having no ill will to have involved the applicant
in the case like present one falsely. The investigation might have been conducted
by the complainant (who is police officer), which hardly could be said to have
been prevented by law in case like present one wherein the investigation to
large extent would stand completed with preparation of memo of arrest and
recovery. The deeper appreciation of facts and circumstances even otherwise
could not be undertaken at bail stage. The offence with which the applicant is
charged is affecting the society at large and there appear reasonable grounds to
believe that the applicant is guilty of the offence with which he has been charged.
In view of
above, it is concluded safely that no case for grant of bail to the applicants
is made out. Consequently, the instant bail application is dismissed.
Needless to say
that the observations recorded above are tentative in nature and same may not
influence the case of either of the party at trial.
J U D G E