LIAQUAT ALI (Applicant) VS THE STATE (Respondent)

IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

HYDERABAD

Criminal Bail Application No.S-1194 of 2020

DATE ORDER WITH SIGNATURE OF JUDGE

For orders on office objection.

For hearing of main case.

Mr. Altaf Sachal Awan, Advocate for applicant. Mr. Shahid Ahmed Shaikh, D.P.G for State.

ORDER

Irshad Ali Shah J:- It is alleged that on arrest from the applicant was secured 2450 grams of the charas by police party of P.S B-Section Nawabshah led by SIP Manzoor Hussain, for that the present case was registered.

2.The applicant on having been refused post arrest bail by learned Special Judge (Narcotic) Shaheed Benazir Abad has sought for the same from this Court by way of instant bail 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 and there is no independent witness to the incident; case property has been subjected to chemical examination with the delay of about four days to its recovery and applicant is in custody since six months without plausible

progress in its trial. 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 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 four 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 in custody since six months without plausible progress in its trial. In these circumstances, a case for grant of bail to applicant on point of further inquiry 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,