ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Cr. B. A. No. 1732 of 2022

(Abdul Lateef vs. The State)

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DATE                            ORDER WITH SIGNATURE OF JUDGE(s)

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For hearing of bail application

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20.09.2022

Mr. Asif Ali Zour advocate for the applicant

Mr. Zafar Ahmed Khan, Additional Prosecutor General Sindh

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Irshad Ali Shah J.— It is alleged that the applicant with one more culprit was found in possession/transporting two sacks containing Ghutka/Mainpuri substance, injurious to human life through their car, for that the present case was registered.

          The applicant on having been refused bail by learned Additional Sessions Judge, Sujawal has sought for the same from this Court by way of instant application under Section 497 Cr.P.C.

          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 the applicant is not falling within the prohibitory clause and co-accused Ali Haider has already been admitted to pre-arrest bail by learned Sessions Judge, Thatta. By contending so, he sought for release of applicant on bail on point of further inquiry.

          Learned Addl. P.G for the State has opposed to release of the applicant on bail by contending that the offence which he allegedly has committed is affecting the society at large.

          Heard and perused the record.

          There is no independent witness to the incident; the report of the chemical examiner is still awaited; the offence alleged against the applicant is not falling within the prohibitory clause; co-accused Ali Haider has already been admitted to bail and there is no apprehension of tempering with evidence on the part of applicant. In these circumstances a case for release of applicant on bail on point of further inquiry obviously is made.

          In view of above, the applicant is admitted to bail subject to furnishing surety in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) and P.R bond in the like amount to the satisfaction of learned trial Court.

          Instant bail application is disposed of accordingly.

               

                                                                                             J U D G E