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| 2024 SLG 6454 2024 SLD 6454 = 2024 YLR 1061 |
Sindh High Court, Sukkur Bench
Criminal Bail Application No. S-850 M.A. No. 7232 of 2023, decided on 15th January, 2024.
Before Irshad Ali Shah, J
Manzoor Hussain Larik for Applicant. Shafi Muhammad Mahar, D.P.G. for the State.
Criminal Bail Application No. S-850 M.A. No. 7232 of 2023, decided on 15th January, 2024.
Before Irshad Ali Shah, J
Manzoor Hussain Larik for Applicant. Shafi Muhammad Mahar, D.P.G. for the State.
GHULAM HUSSAIN alias SUDHEER---Applicant
VERSUS
The STATE---Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Control of Narcotic Substances Act, 1997
Section: XXV,9(c)
Criminal Procedure Code (V of 1898)-------S. 497--- Control of Narcotic Substances Act (XXV of 1997) S.9(c)--Possession of 1480 grams of charas---Bail, refusal of---As per FIR, on arrest of the applicant (accused), charas was secured from him by the police party---In such situation it would be premature to say that the applicant being innocent has been falsely involved in the present case by the police by foisting upon him such recovery---No doubt there is no independent witness to the incident but for this reason, the complainant and his witnesses could not be disbelieved at present stage--No doubt charas has been sent to Chemical Examiner with delay of about 05 days but such delay could not be resolved by the High Court at present stage---Report of the chemical examiner is in positive---Minimum sentence prescribed by law for the alleged offence is nine years---Offence alleged against the applicant is affecting the society at large---There appear reasonable grounds to believe that the applicant is guilty of the offence, with which he is charged; thus, no case for his release on bail on point of further inquiry is made out---Bail application was dismissed.ORDERIRSHAD ALI SHAH, J.---1. Over ruled.2. Granted.3. It is alleged that on arrest from the applicant has been secured 1480 grams of charas by the police party of P.S Ranipur, for that he was booked and reported upon by the police. On refusal of bail by the learned Ist Additional Sessions Judge (MCTC/CNS) Khairpur, the applicant has sought for the same from this Court by way of instant application under section 497, Cr.P.C.2. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police due to political influence; the charas has been sent to Chemical Examiner with delay of about 05 days and the case has finally been challaned; therefore the applicant is…