Muhammad Ashraf @ Ashraf @Munoo (Applicant) VS The State (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD

Cr.Bail.Appl.No.S- 376 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

Mr. Abdul Majeed Magsi, Advocate for applicant alongwith applicant. Ms. Sobia Bhatti, A.P.G. for the State.

ORD ER

Heard arguments and perused the record.

Although, the offence with which applicant stands charged is non- bailable one but it does not fall within the prohibitory clause of Section 497 Cr.P.C. and the ingredients of Section 8 of SPPMSGM Act, 2019 are to be established by the prosecution after recording evidence of the parties before the trial Court. Moreover, nothing has been recovered from the possession of applicant and he has been implicated only on the statement of co-accused who has already been granted bail by the trial Court. Hence, on the rule of consistency present applicant is also entitled for the same relief. Accordingly, prima facie case of further inquiry makes out within the meaning of Sub- Section 2 to Section 497 Cr.P.C. Consequently, instant Criminal Bail Application is allowed and the interim pre-arrest bail already granted to the applicant vide order dated 30.04.2020 is hereby confirmed on same terms and conditions.

JUDGE

Tufail