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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: ABDUL GHAFOOR alias GHAFFAR VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Nadeem Azhar Siddiqui, Ali Sain Dino Metlo Title: ABDUL GHAFOOR alias GHAFFAR vs THE STATE Case No.: Criminal Bail Application No,D-389 of 2006 Date of Judgment:2006-12-07 Reported As: 2007 P Cr. L J 1805 Result: Bail granted
Judgment ORDER ' Heard Messrs Inayatullah Morio, Advocate for the applicant and Muhammad Ismail Bhutto, State counsel. The latter has no objection to the grant of bail, as the quantity of Charas recovered from the applicant is not big. 2. The allegation against the applicant is that on 7-5-2006, at 1730 hours, at Pir Jhandat Shah, Stuart Ganj, Shikarpur, he was found in possession of 500 grams of Charas in the shape of two pieces, out of which only one piece weighing 200 grams is shown to have been sent to the Chemical Examiner. The offence is punishable with imprisonment which may extend to:7 years and the applicant has 'already remained in custody for seven months. The offence does not fall within the prohibitory clause of section 497, Cr.P.C. The applicant is not shown to be a habitual offender. All the prosecution witnesses are police officials and therefore, there can be no apprehension of tampering with evidence. According to the report of the trial Court, no witness has been examined, as yet. In such circumstances the case appears to be fit for the grant of bail. Accordingly, the application is allowed and the applicant is directed to be released on bail on furnishing solvent surety in the sum of Rs,50,000 (Rupees fifty thousand) and personal bond in the like amount to the satisfaction of the trial Court.
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