ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

Cr. Misc. A. No.D-111 of 2015.

DATE        ORDER WITH SIGNATURE OF JUDGE

            1. For order on M.A. No.2055 of 2015.

            2. For orders on office objection.

            3. Forkatcha peshi.

12-03-2015.

            Applicant present in person.

            Syed Meeral Shah, D.P.G.

            =

1.         Granted.

2.         Overruled.

3.         The accused Mumtaz S/o Ali Hassan has been granted bail in Spl. Case No.22/2014 by the learned Special Judge, under Control of Narcotic Substances Act, Hyderabad vide order dated 12.02.2015.

The accused was implicated in Crime No.03/2015, lodged under section 9-C of Control of Narcotic Substances Act, at Police Station Baldia, Hyderabad. He applied for post-arrest bail. The learned trial Court granted bail on the ground that the recovery has been shown as 1030 grams Charas, which comes within the borderline of Sections 9-B and 9-C of Control of Narcotic Substances Act. He also referred to some case law and granted bail to the accused subject to furnishing solvent surety in the sum of Rs.100,000/- and P.R. Bond in the like amount to the satisfaction of his Court.

            Since the accused was behind the bar, therefore, his brother Dildar Ali (applicant) filed an application for reduction of surety amount with his supporting affidavit. The main ground was that the applicant and accused both are very poor persons and they cannot arrange the surety of Rs.100,000/-. This application was heard by the learned trial Court and vide order dated 17.02.2015, it was dismissed. Thereafter, the same applicant (brother of accused Mumtaz) has filed instant criminal miscellaneous application for reduction of surety amount.

            The learned D.P.G. waives the notice of this application and argued that the trial Court itself observed that the case comes within the borderline of Sections 9-B and 9-C of CNS Act, therefore, he has no objection if surety amount is reduced on the ground of poverty.

            In view of above, this criminal miscellaneous application is allowed and the surety amount is reduced from Rs.100,000/- to Rs.50,000/- with P.R. Bond in the like amount subject to the satisfaction of trial Court.

            Copy of this order be transmitted to the trial Court for information. 

                                                                                                            JUDGE

                                                                        JUDGE

S