ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.B.A.No.S-361 of 2024

(Nusrat Chandio Vs. The State)

DATE                           ORDER WITH SIGNATURE OF JUDGE

For the hearing of the bail application.

29.07.2024.

Ms. Ghulam Khudeja Bhatti, Advocate for the applicant.

Mr. Aitbar Ali Bullo, D.P.G for the State.

  -.-.-.-.-.-.-.-.-.-

IRSHAD ALI SHAH, J.- It is alleged that the applicant was found in possession of 1500 grams of Charas by the police party of P.S A-Section, Qamber, led by ASI Hajjan Leghari, for which the present case was registered.

2.        The applicant having been refused post-arrest bail by learned           1^st Additional Sessions Judge/MCTC, Qamber, has sought the same from this Court by way of instant application u/s. 497 Cr. PC.

3.        It is contended by learned counsel for the applicant that the applicant is innocent, was apprehended much before his actual involvement in the present case; a petition for his release was also filed by his relative and it was also reported in various newspapers. By contending so, she sought the release of the applicant on bail on point of further inquiry.

4.        Learned D.P.G for the State has opposed to release of the applicant on bail by contending that the incident which he has allegedly committed is affecting the society at large. In support of his contentions, he relied upon the case of Noor Khan Vs. The State (2021 SCMR-1212).

5.        Heard arguments and perused the record.

6.        The applicant is named in the FIR with an allegation that on arrest from him has been secured by the police party of P.S A-Section Qamber, 1500 grams of the Charas with a positive report of the Chemical Examiner. In that situation, it would be premature to say that the applicant is innocent and has been involved in this case falsely by the police by foisting upon him the Charas. No enmity is apparent which could have justified the police to have involved the applicant in this case falsely. No finding on the petition alleged filed for release of the applicant and newspaper clipping could be arrived at by this Court, simply for the reason that the deeper appreciation of the facts and circumstances is not permissible at the bail stage. As per the amendment introduced in C.N.S Law, the minimum sentence prescribed for the offence allegedly committed by the applicant is nine years and it 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 and no case for his release on bail on point of further inquiry is made.

7.        Under the discussed circumstances, the instant bail application is dismissed, with direction to the learned trial Court to dispose of very case against the applicant preferably within three months after receipt of a copy of this order.

JUDGE