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