ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr.B.A.No. 848 of 2023

(Syed Fasih Ullah vs. The State)

Date Order with signature of Judges

For hearing of bail application

21.06.2023

Mr. Ali Bux advocate for the applicant

Ms. Abida Parveen Channar, Special Prosecutor ANF

-.-.-.-.-.-.-.-.-.

It is the case of the prosecution that the applicant was apprehended by the police when he was going to be delivered with 9 KG of Charas by co-accused Muhammad Abdul Raheem and Abdullah Siddique, for that the present case was registered.

On having been involved in the above said case, the applicant sought for his release on bail by making such application, it was dismissed by learned trial Court and then by this Court with direction to learned trial Court to dispose of the very case against the applicant within three months.

The direction so issued by this Court was not complied with, therefore, the applicant again sought for his release on bail by making another application before learned trial Court; it was dismissed and now has sought for his release on bail from this Court by way of instant application under Section 497 Cr.P.C read with Section 51 of CNS Act.

It is contended by learned counsel for the applicant that the applicant is in jail since 14 months; despite direction learned trial Court has not been able to dispose of the case against the applicant, therefore, he is entitled to be released on bail on point of hardship, which is opposed by learned Special Prosecutor ANF by contending that no case of hardship is involved which may justify release of the applicant on bail in case like the present one which is affecting the society at large.

Heard arguments and perused the record.

There was nothing in order of this Court that in case the direction is not complied with then the applicant to be admitted to bail as a matter of right. The offence alleged against the applicant is entailing the punishment of death or life, in that situation, his being in jail for 14 months is not enough to conclude that it is a case of hardship. No case for release of the applicant on bail is made out. Consequently, the instant bail application is dismissed.

JUDGE