IN THE HIGH
COURT OF SINDH BENCH AT SUKKUR
Crl. Bail Aapplication No.S-621
of 2021
|
DATE
OF HEARING |
ORDER WITH
SIGNATURE OF JUDGE. |
1. For orders on
O/objection at flag-A.
2. For hearing of
bail application.
14.10.2021
Mr. Shabir Ali
Bozdar Advocate for applicant.
Syed Sardrar
Ali Shah D.P.G for state.
***************
O R D E R
After
rejection of his earlier application vide order, dated 15.09.2021 by the
learned Additional Sessions Judge/Special Judge (CNSA)/MCTC, Ubauro, being Crl.
Bail application No.1311 of 2021, the applicant/accused Nazeer Ahmed son of
Pehlwan Kosh, through instant Crl. Bail application, seeks post-arrest bail in
crime No.70/2021, registered at Police Station Adilpur, under Section 9(c) of
C.N.S. Act, 1997.
2. As per FIR on
09.08.2021, at 1900 hours, the applicant was arrested by a police party headed
by ASI Illahi Bux Hakro on being found in possession of 2200 grams Charas and
cash of Rs.800/- near Dargah Iqbal Shah in presence of mashirs, namely, HC
Qurban Ali and PC Nazar Muhammad under memo for which he was booked in the
instant case.
3. After hearing
the learned Counsel for applicant, learned Deputy Prosecutor General and
perusing the material on record, it
appears that as per FIR, two big slabs and one small slab were
recovered from the applicant which were sealed at the spot for chemical
analysis; however, as per the report of chemical examiner, he received two big
and one small black brown coloured pieces kept in white plastic shopper.
Moreover, the alleged charas was deposited with the office of Chemical Examiner
for analysis on 16.08.2021, on seventh day of alleged recovery and nothing is
available in record to show as to where the case property was lying during such
period. Furthermore, there is no criminal record of applicant/accused, alleged
charas was not recovered from the physical possession of the applicant/accused,
delaying in sending the charas to chemical examiner has not been well-explained.
Under such circumstances, question of involvement of the applicant in alleged
offence needs serious consideration in terms of further inquiry as envisaged under
Sub-Section (2) of Section 497 Cr.P.C. I, therefore, admit
the applicant/accused to post-bail subject to his furnishing solvent surety in
the sum of Rs.100,000/- (Rupees One lac) and PR bond in the like amount to the
satisfaction of learned trial Court.
4. Needless to say that the observations
made by this Court are tentative in nature and shall not influence the trial
Court while deciding the case on merits and in case the applicant misuses the
concession of bail, the trial Court shall be at liberty to cancel the same
after giving notice to him, in accordance with law.
Application stands disposed of.
J
U D G E
Ihsan