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