ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Crl. Bail Application No.S-80 of 2023.

(Javed Ahmed Bhutto Vs. The State

DATE ORDER WITH SIGNATURE OF JUDGE

1. For orders on office objection.

2. For Orders on MA No. 728/2023.

3. For hearing of Bail Application.

13-02-2023.

Mr. Badaruddin Memon, advocate for applicant.

Mr. Shafi Muhammad Mahar, D.P.G for the State.

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Irshad Ali Shah J;- it is alleged that on arrest from the applicant was secured Gutka and packets containing flavor for smoking, for that he was booked and reported upon by the police. On having been refused post arrest bail by learned Additional Sessions Judge, Daharki, the applicant has sought for the same from this Court by way of instant Bail Application u/s 497 Cr.P.C.

2. Heard arguments and perused the record.

3. There is no independent witness to the incident; the entire property has not been subject to Chemical Examination; whatever property has been subjected to Chemical Examination is with the delay of 04 days to its recovery; the offence alleged against the applicant is not falling within prohibitory clause of section 497(2) Cr.P.C. The case has finally been challaned and there is no apprehension of tempering with the evidence on the part of applicant. In these circumstances a case for release of the applicant on bail on point of further enquiry obviously is made out.

4. In view of above, the applicant is admitted to bail subject to furnishing solvent surety in the sum Rs.50,000/- and PR bond in the like amount, to the satisfaction of the learned trial Court.

5. The instant bail application is disposed of accordingly.

JUDGE

Nasim/P.A,