GHULAM MUHAMMAD V (Applicant) VS A.D.J & EX OFFICIO JUSTICE OF PEACE MATLI & OTHERS (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD.

Cr.B.A.No.S-943 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

For orders on office objections.

For orders on MA-6635/2020 For hearing of main case.

Mr. Mumtaz Alam Laghari, Advocate for applicant.

Ms. Sobia Bhatti, Assistant Prosecutor General Sindh.

Irshad Ali Shah J;- It is alleged that on arrest from the applicant was secured 2000 grams of Chars by police party of PS Site Hyderabad, for that he was booked in the present case.

2.The applicant on having been refused post arrest bail by learned Model Criminal Trial Court-II/IVth Additional Sessions Judge, Hyderabad has sought for the same from this court by way of instant application u/s 497 Cr.P.C.

3.It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police; there is no independent witness to the incident and case property has been subjected to chemical examination with delay of about three days and applicant is in custody since three months. By contending so, he sought for release of the applicant on bail on the point of further inquiry.

4.Learned A.P.G for the State has opposed to grant of bail to the applicant by contending that the offence which the applicant has allegedly committed is affecting the society at large.

5.I have considered the above arguments and perused the record.

6.There is no independent witness to the incident. The case property has been subjected to chemical examination with delay of about three days. The investigation of the case is over. There is no apprehension of tempering with the evidence on part of the applicant.

The applicant is said to be in custody since three months without effective progress in trial. In these circumstances, a case for grant of bail to applicant on point of further inquiry obviously is made out.

7.In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.50,000/-and PR bond in the like amount to the satisfaction of learned trial court.

8.The instant application is disposed of accordingly.

JUDGE.

Ahmed/Pa