THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

1^st Criminal Bail Application No.S-229 of 2022

Applicant:            Shamsuddin alias Shaman.

Complainant:      The State

Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:  28.10.2022

Date of Order:     28.10.2022

O R D E R

AMJAD ALI SAHITO, J.- Through instant Criminal Bail Application, applicant/accused Shamsuddin alias Shaman son of Fatah Muhammad seeks post-arrest bail in Crime No. 37/2022, offence under Sections 9(c) of the Control of Narcotic Substances Act, 1997 of the Police Station Saddar, Kamber. Prior to this, he filed such application, but the same was turned down by the Court of Sessions Judge/Special Judge (CNS), Kamber-Shahadadkot at Kamber vide Order dated 15.04.2022; hence he filed instant Criminal Bail Application.

2.                The details and particulars of the F.I.R. are already available in the bail application and F.I.R., same could not gathered from the copy of F.I.R. attached with such application, hence, needs not to reproduce the same hereunder.

3.                None present for the applicant, no intimation is furnished.  Progress report received from the trial Court shows that charge was framed on 29.04.2022, the witnesses are attending the Court, but on the one or the other pretext learned counsel for the applicant is seeking adjournments, which shows that applicant/accused is no more interested to pursue the matter.  On merits 2 Kilo grams chars has been recovered from the applicant/accused and after recovery of the same, the chars was sent to the office of Chemical Examiner, who after examining the same sent the report in positive. 

4.                On the other hand learned Deputy Prosecutor General has vehemently opposed the grant of bail to the applicants/accused.

5.                Heard and perused. Perusal of record reveals that name of the applicant/accused is mentioned in the F.I.R. with specific role; that 2 Kilo Grams chars has been recovered from the applicant/accused and chemical examiner has sent the report in positive. In view of above, instant Criminal Bail Application is dismissed. However, learned trial Court is directed to expedite the matter and conclude the same preferably within a period of 45 days and no adjournment shall be granted to the either party and send compliance report to this Court through Additional Registrar.

6.                Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of either party at trial.

                                J U D G E

Manzoor