ORDER SHEET

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

Cr. Bail Appln. No. S- 45 of 2014.

 

 

Date                           Order with signature of judge.

For Hearing.

07.02.2014.

                         Mr. Ashfaque Hussain G. Abro, advocate for the applicant.

                        Mr. Imtiaz Ali Jalbani, A.P.G.

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AFTAB AHMED GORAR,J.:-  Through this bail application,  applicant Amin is seeking post arrest bail in Crime No.301 of 2013 of P.S A Section  Kandhkot  registered U/S 9 (b) of CNS Act, 1997.

                        The prosecution case in nut-shell is that the police party during patrolling received spy information at  Dr.Hazoor Bux Soomro Chowk  regarding  a person standing  alongwith charas  for selling purpose at southern side of Jholay Lal Petrol Pump on which they reached  at the pointed place and on seeing police party that person tried to slip away but he was apprehended by the police party   alongwith a black shopper containing charas. On query, the accused disclosed his name as Amin S/O Manjhi Bajkani.  The charas  was weighed at the spot which became 450 grms which was sealed  for sending to the chemical examiner.  ASI Mola Bux Bugti and HC mahtab Ahmed Bijarani were associated as mashirs, necessary mashirnama was prepared and  the accused alongwith recovered contraband  was brought at P.S where FIR was lodged to the above effect.

                         The bail plea moved on behalf of the applicant before the trial Court was declined vide impugned order dt. 20.12.2013.

                        Learned counsel for the  applicant contended that  the applicant has been falsely implicated  by the police with malafide  and ulterior motives;  the alleged recovery of 450 grams  charas  has been foisted upon the applicant;  place of arrest  is admittedly a public place  and  despite having  spy information, the complainant did not arrange private mashirs  which shows malafide on the part of prosecution and the case calls for further inquiry.   He also contended that the alleged offence does not fall within  the prohibitory clause of section 497 Cr.P.C.  On all these scores, he prayed for concession of bail.

                        Learned A.P.G  has extended no objection in view of submissions placed by learned counsel for the applicant.

                        I have considered  the  arguments advanced   by  learned counsel for the parties.  It appears  that  on 13.11.2o13 police party  during patrolling, on spy information, arrested  the present applicant  alongwith black shopper containing 450 grams charas which does not fall  within prohibitory clause of section 497 Cr.P.C. Despite having advance information, the complainant did arrange private mashirs, which shows malafide on the part of prosecution and besides the testimony of police mashirs, being subordinate to complainant, can not be taken as gospel truth  therefore, prosecution case calls  for further inquiry.

             In the circumstances, I  am inclined to  grant concession of bail  to the applicant.  He is admitted to bail subject to furnishing solvent surety in the sum of Rs.100,000/= and P.R bond in the like amount to the satisfaction of Additional Registrar of this Court.

 

                                                                                                            JUDGE