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