ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Appln. No. S-73 of 2025

Applicants	Naqeebullah Jakhrani @ Ashraf and Muhammad Umar Jakhrani,
	through Shakeel Ahmed G. Ansari, advocate
The State	Mr. Aitbar Ali Bullo, D.P.G for the State
Date of hearing	24-03-2025
Date of order	24-03-2025

SHAMSUDDIN ABBASI, J.- Through instant criminal bail application, the applicants/accused Naqeebullah @ Ashraf Jakhrai and Muhammad Umar Jakhrani, seek post-arrest bail in Crime No. 20/2024, registered at Police Station Nabi Shah Wagan (Shikarpur), for the offence U/S 9(c) of C.N.A Act, after rejection of their bail plea by the learned trial court vide order dated: 03.02.2025.

2. Brief facts of the prosecution case are that complainant A.S.I. Allah Dino Jafferi along with his staff was on patrolling and during patrolling he arrested the applicants/accused in presence of mashirs and recover 1200 grams of charas from the possession of applicant/accused Muhammad Umar and 1500 grams of charas from the possession of applicant/accused Naqeebullah @ Ashraf along with cash and other articles. He sealed the property at the spot and brought the applicants/accused along with recovered property at Police Station and lodged the F.I.R of the alleged incident.

3. Learned counsel for the applicants/accused has mainly contended that the applicants/accused are innocent and they have falsely been implicated in this case; that the alleged recovered charas was foisted upon them. He has, therefore, prayed for grant of post-arrest bail to the applicants/accused.

4. On the other hand, learned Deputy Prosecutor General has vehemently opposed for grant of bail on the ground that applicants/accused were arrested at the spot with huge quantity of charas; that chemical report of chemical examiner is positive and offences falls within the ambit of prohibitory clause of Section 497(2) Cr.P.C, therefore, they are not entitled for grant of post arrest bail.

5. Heard learned counsel for the applicants, learned D.P.G. and perused the material available on the record.

6. It is matter of record that police arrest the applicants/accused along with charas weighing 1500 from applicant Naqeebullah @ Ashraf and 1200 grams of charas from applicant Muhammad Umar in presence of mashirs. Report of chemical examiner is positive, which makes the case within the ambit of prohibitory clause of Section 497 Cr.P.C. Applicants were also involved in other two criminal cases. Challan has been submitted and trial is in progress. From tentative assessment of material available on record, it appears that sufficient material is available on record which connects the applicants with the alleged offence.

7. From the above findings, it appears that no case for grant of post-arrest bail has been made out, therefore, instant criminal bail application is dismissed.

8. 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

Abdul Salam/P.A