| Citation(s) |
|---|
| 2021 SLG 1773 2021 SLD 1773 2021 PCRLJ 901 |
Sindh High Court
Criminal Bail Application No. S-534 of 2019, decided on 23rd December, 2019, Date of hearing: 21st November, 2019.
KHADIM HUSSAIN M. SHAIKH, JUSTICE
Ashfaq Hussain Abro for Applicants. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh for the State.
Criminal Bail Application No. S-534 of 2019, decided on 23rd December, 2019, Date of hearing: 21st November, 2019.
KHADIM HUSSAIN M. SHAIKH, JUSTICE
Ashfaq Hussain Abro for Applicants. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh for the State.
NAZIR AHMED AND ANOTHERS
VS
THE STATE
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Penal Code (XLV of 1860)
Section: 269,270,337-J
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 269, 270 337-J---Negligent act likely to spread infection of disease dangerous to life, malignant act likely to spread infection of disease dangerous to life, causing hurt by means of poison---Bail, refusal ofs were arrested on recovery of 19 sacks of different kinds of Gutka, weighing 240 kilograms, while transporting the same in the car, which was in their control and possession---Such a huge quantity of Gutka valuing more than Rs. 1300000/-, could not be foisted upon the petitioners, more particularly, in view of the fact that no animosity or ill will against the police was alleged by them---Prosecution witnesses had supported the version of the complainant in their statements under S. 161, Cr.P.C.---Report of Government Analyst was positive---Sufficient material was available with the prosecution to connect the accused persons with crime---Bail could not be claimed as a matter of right in the cases like the present one involving huge quantity of such a dangerous item, which was more dangerous than narcotics---Offence under S. 337-J, P.P.C., carrying punishment up to ten (10) years did fall within the prohibitory clause of S. 497, Cr.P.C.s had failed to make out their case for grant of concession of bail---Bail was refused, accordingly. ORDER KHADIM HUSSAIN M. SHAIKH, J.--- By means of the captioned bail application, applicants Nazir Ahmed son of Ali Bux Memon and Umar son of Abdul Jabbar Bhutto seek post arrest bail in case emanating from Crime No. 21 of 2019, registered at Police Station Lodra, District Shikarpur, for offence under sections 269, 270, 337-J after their bail plea has been declined by the learned V-Additional Sessions Judge, Shikarpur by dismissing their bail application vide order dated 16.10.2019. 2. Briefly the facts of the case are that on recovering 19 sacks (Pachika) of Gutka i.e. eleven (11) sacks of 2100 gutka, five (05) sacks of Z-21 gutka and three (03) sacks of RA gutka, weighing 240 kilograms while transporting it by the applicants in the car which was in their control and possession, both the applicants were arrested and after usual…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492