ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA
Cr.B.A.No.S-170 of 2023
(Majid Bhutto Vs. The State)
DATE ORDER WITH SIGNATURE OF JUDGE
For hearing of bail application.
17.04.2023.
Mr. Saeed Ahmed Bijarani, Advocate for the applicant.
Mr. Aitbar Ali Bullo, 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 1250 gram of Charas by police party of P.S A-Section Kandhkot, for that he was booked and reported upon.
2. The applicant on having been refused post-arrest bail by learned 1st Additional Sessions Judge/Special Judge/(CNS)/MCTC, Kandhkot, has sought for the same from this Court by way of instant bail application under Section 497 Cr.PC.
3. 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 and the Charas has been subjected to chemical examination with delay of about four days. By contending so, he sought for release of applicant on bail on point of further enquiry.
4. Learned DPG for the State has opposed to release of applicant on bail by contending that as per amendment introduced in CNS law, the minimum sentence prescribed for the alleged offence is 09 years and offence which the applicant has allegedly committed is affecting society at large. In support of his contention, he relied upon case of Bilal Khan Vs The State (2021 SCMR 460).
5. Heard arguments and perused the record.
6. As per FIR on arrest of the applicant has been secured 1250 gram of the Charas. In that situation it would be premature to say that the applicant being innocent has been involved in this case falsely by the police by foisting upon him such recovery. The complainant and his witnesses could not be disbelieved at this stage only for the reason that they are police officials, ignoring the recovery of the Charas from the applicant which is substantiated with positive report of chemical examiner. The Charas of course has been subjected to chemical examination with delay of about four days but such delay is not enough to release the applicant on bail by making a conclusion that it is calling for further inquiry. The deeper appreciation of facts and circumstance even otherwise is not permissible at bail stage. There appear reasonable grounds to believe that the applicant is guilty of the offence, with which he is charged. In these circumstances it could be concluded safely that no case for release of the applicant on bail is made out. Consequently, the instant bail application is dismissed, with direction to learned trial Court to expedite the disposal of very case preferably within two months, after receipt of copy of this order.
JUDGE