ORDER SHEET
IN THE HIGH COURT OF SINDH AT
KARACHI
Criminal Bail Application No.
939 of 2023
(Umer @ Lehri vs. The State)
Date Order
with signature of Judges
For
hearing of bail application
26.06.2023
Mr. Muhammad Ibrahim Abro,
Advocate for the Applicant.
Ms. Rubina Qadir DPG for the
State
-.-.-.-.-.-.-.-.-.
It is alleged that the
applicant was found to be in possession of 1100 grams of charas by police party
of PS Ibrahim Hyderi, Karachi, for that he was booked and reported upon. On
having been refused bail by learned IV-Additional Sessions Judge Malir Karachi,
he has sought for the same from this Court by way of instant bail application u/s
497 Cr.PC.
It
is contended by learned counsel for the applicant that the applicant being
innocent has been involved in this case falsely by the police; there is no
independent witness to the incident, therefore, he is entitled to be released
on bail on point of further inquiry, which is opposed by DPG for the State by
contending that the applicant is having criminal record and as per Amendment
introduced in CNS the minimum punishment prescribed for the said offence is 09
years.
Heard
arguments and perused the record.
The
applicant is named in FIR with specific allegation that on arrest from him has
been secured 1100 grams of charas by the police party of P.S Ibrahim Hydri 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 applicant in this case falsely by foisting upon him
the huge quantity of narcotic substance. As per impugned order, the applicant is
having criminal record. The offence alleged against the applicant is affecting
the society at large. There appear reasonable grounds to believe that the
applicant is guilty of the offence with which he is charged. No case for release
of the applicant 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 him within 03 months after receipt of copy
of this order.
JUDGE