IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Criminal Bail Application No. S-595 of 2022

(Illahi Bux @ Peero v State)

Date Order with signature of Judge

For hearing of Bail Application.

Date of hearing : 06-02-2023

Mr. Muhammad Aslam Gadani Advocate for applicant.

Mr. Shafi Muhammad Mahar, D.P.G.

O R D E R

Irshad Ali Shah, J. It is alleged that on arrest from the applicant was secured 2000 gram of Charas by police party of PS Khambra, for that he was booked and reported upon.

2. The applicant on having been refused post-arrest bail by learned Additional Sessions Judge (MCTC), Ubauro has sought for the same from this Court by way of instant bail application under Section 497 Cr.P.C.

3. It is contended by learned counsel for the applicant that the applicants being innocent has been involved in this case falsely by the police; there is no independent witness to the incident; an application under Section 491, Cr.P.C was also filed by one of his relative for his release from wrongful captivity at least a day before his actual involvement in the present case and applicant is in custody since 04 months. By contending so he sought for release of applicant on bail on point of further enquiry.

4. Learned DPG for the State has opposed to release of applicant on bail by contending that as per amendment introduced in CNS law, the minimum sentence prescribed for the alleged offence is 09 years and offence which the applicant has allegedly committed is affecting society at large. In support of his contention, he relied upon case of Noor Khan v The State (2021 SCMR 1212).

5. Heard arguments and perused the record.

6. As per FIR on arrest of the applicant has been secured 2000 gram of the Charas. In that situation it would be premature to say that the applicant being innocent has been involved in this case falsely by the police by foisting upon him Charas. The complainant and his witnesses could not be disbelieved at this stage only for the reason that they are police officials, ignoring the recovery of huge quantity of narcotic substance from the applicant which is substantiated with positive report of chemical examiner. No finding could be arrived at by this Court on application u/s 491 Cr.P.C, which allegedly was filed for release of the applicant from allegedly wrongful captivity by one of his relative, which as per learned DPG for the State was managed. The deeper appreciation of facts and circumstance even otherwise is not permissible at bail stage. The applicant may be in custody since 04 months but such custody is not enough to enlarge him on bail in case like the present one wherein the minimum sentence prescribed by law is 09 years. There appear reasonable grounds to believe that the applicant is guilty of the offence, with which he is charged. In these circumstances it could be concluded safely that no case for grant of bail to the applicant is made out. Consequently instant bail application is dismissed.

J U D G E

Akber.