Law: Code of Criminal Procedure, 1898

Section: 497(2)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Sindh Prohibition of preparation, manufacturing, storage sale and use of Gutka and Manipuri Act, 2019, Ss. 3, 4, & 8(i)--Bail, grant of--Further inquiry--Allegation of--Transporting intoxicant raw saparies--Spy information--Maximum punishment provided under Section 8 of Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and Use of Gutka and Manpuri Act, 2019 is three years, while minimum punishment is one year with fine--Offences carrying such sentence do not fall within prohibitory clause of Section 497, Cr.P.C.--Held: It is a well-recognized principle that while considering bail, Court must take into account lesser punishment prescribed for offence--High Court in Shehzore’s case (2006 YLR 3167) allowed bail on such consideration, and Honourable Supreme Court in Tarique Bashir v. State (PLD 1995 SC 34) has held that in offences not falling within prohibitory clause, grant of bail is a rule and refusal an exception--Bail allowed.                                                                                              [Para 8] A 2006 YLR 3167 and PLD 1995 SC 34. Mr. Zubair Ahmed Khuhawar, Advocate for Applicant. Ms. Safa Hisbani, Assistant Prosecutor General, Sindh, for Respondent. Date of hearing: 12.9.2025. Order The applicant, namely Muhammad Shahzad, seeks post-arrest bail in Crime No. 147 of 2025, registered at Police Station Hala New, District Matiari, under Sections 3, 4, 8(i) of the Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and Use of Gutka and Manpuri Act, 2019. His bail plea was earlier declined by the learned Additional Sessions Judge, Hala, vide order dated 01.07.2025…