ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Bail Application No. 983 of 2023

(Mst. Shireen @ Samina and Rasheed vs. The State)

Date Order with signature of Judges

For hearing of bail application

22.06.2023

Mr. Sagheer Ali Solangi advocate for the applicants

Ms. Rubina Qadir DPG for the State

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

It is alleged that the applicants were found to be in possession of 1580 and 1130 grams of charas respectively by police party of PS Sukan, Malir, Karachi, for that they were booked and reported upon. On having been refused bail by learned IV-Additional Sessions Judge Malir Karachi, they have sought for the same from this Court by way of instant bail application under Section 497 Cr.PC.

It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the police and there is no independent witness to the incident, therefore, they are entitled to be released on bail on point of further inquiry, which is opposed by DPG for the State by contending that the applicants are having criminal record and as per Amendment introduced in CNS the minimum punishment prescribed for the said offence is 09 years. In support of her contentions she relied upon case of Mst. Fursan vs. The State (2022 SCMR 1950).

Heard arguments and perused the record.

The applicants are named in FIR with specific allegation that on arrest from them have been secured 1580 and 1130 grams of charas respectively with positive report of chemical examiner. No doubt there is no independent witness to the incident, but for this reason the complainant and his witnesses could not be disbelieved by this Court at this stage. They indeed were having no reason to have involved the applicants in this case falsely by foisting upon them the huge quantity of narcotic substance. The applicants are said to be having criminal record. The offence alleged against the applicants is affecting the society at large. There appear reasonable grounds to believe that the applicants are guilty of the offence with which they are charged. No case for release of the applicants on bail on point of further inquiry is made out. Consequently, the instant bail application is dismissed with direction to learned trial Court to dispose of the very case against the applicants preferably within 03 months after receipt of copy of this order.

JUDGE