BABU USMAN (Applicant) VS THE STATE (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Criminal Bail Application No.S-1048 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

1.For orders on office objection.

2.For hearing of main case.

Mr. Riaz Ali Panhwar, Advocate for applicant.

Ms. Rameshan Odd, Assistant Prosecutor General Sindh.

ORDER

Irshad Ali Shah J:- It is alleged that on arrest from the applicant was secured 2030 grams of charas by police party of P.S Sakrand led by SIP Amanullah, for that he was booked in the present case.

2.The applicant on having been refused post arrest bail by learned Special Judge (Narcotic) Shaheed Benazirabad 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 on account of previous enmity; there is no independent witness to the incident and case property has been subjected to chemical examination with delay of about seven days. 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 release of the applicant on bail 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 Narcotic substance which is alleged to have been secured from the applicant has been subjected to chemical examination with delay of about seven days, such delay could not overruled. The investigation of the case is over and the applicant is in custody for more than two months without effective progress in trial. In these circumstances, a case for release of the applicant on bail 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,