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Official Citation: 2024 SHC 1361
Court / Jurisdiction: Sindh High Court
Petitioner: Cr.Bail 1359/2024 (S.B.) Sindh High Court, Circuit at Hyderabad - Muhammad Nadeem (Applicant)
Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2024 SHC 1361. In this matter between Cr.Bail 1359/2024 (S.B.) Sindh High Court, Circuit at Hyderabad - Muhammad Nadeem (Applicant) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
COURT: Sindh High Court CASE NO: Cr.Bail 1359/2024 (S.B.) Sindh High Court, Circuit at Hyderabad CITATION: 2025 SHC HYD 3470 PARTIES: Muhammad Nadeem (Applicant) ORDER DATE: 21-FEB-25 BENCH: Hon'ble Mr. Justice Abdul Hamid Bhurgri(Author) A.F.R: Yes ------------------------------------------------------------ ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT HYDERABAD
Cr. Bail Application No.S - 1359 of 2024
DATE
ORDER WITH SIGNATURE OF JUDGE(S)
1 . For orders on office objections.
2 . For hearing of main case.
Applicant
:
Muhammad Nadeem S /o Muhammad Iqbal
Niazi, t hrough Mr.
Haq Nawaz Jamari,
Advocate.
The State
:
Through
Ms. Rameshan Oad,
Assistant P.G.
Date of hearing
:
10 .02.2025.
Date of Order
:
21 .02.2025.
O R D E R
Abdul Hamid Bhurgri , J. -
Being un - successfu l in obtaining his release on bail from the Trial Court in Crime No. 149
of 2024 registered at P.S Tando Ghulam Ali District Badin for offence under Section 8 of the Sindh Prohibition of Preparation, Manufacturing, Storage, Sale & Use of Gutka and Mainpuri Act, 2019 , the applicant has sought his release on bail through this bail application.
2.
The prosecution case is that on 08.10 .2024 at 1630 hours
the police party of P.S Tando Ghulam Ali headed by ASI Javed Ali Khoso were on patrolling duty in their jur isdiction and when they reached at Dasti Link Road they started snap checking of the vehicles and during checking they caught hold
blue
Mazda Truck bearing Registration No.JZ - 7041 coming from Kapri Mari.
On search of vehicle,
they found 105 sacks containi ng Gutka and Mainpuris, each sack contained 10 KGs, total 1050 KGs. The applicant was arrested and property was secured. Mashirnama of arrest and recovery was prepared in presence of police mashirs and thereafter applicant alongwith case p roperty was broug ht at PS where present FIR was lodged against him on behalf of the State.
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3.
Learned C ounsel for the applicant
has contended that applicant
is innocent and he has falsely been implicated in this case
with ulterior motives ; that alleged offence is punish able for imprisonment up to 03 years, as such, does not fall within prohibitor y clause of Sect ion 497 Cr.P.C; that applicant
is i n custody since his arres t without progress in the trial. He, therefore, has prayed that applicant
may be admitted on bail for which he is ready to furnish
surety.
4.
Learned APG
has recorded no objection for grant of bail mainly on the ground that offence does not fall within the prohibitory clause of S ection 497 Cr.P.C .
5.
I have heard the learned C ounsel for applicant
as we ll as learned AP G and perused the material available
on the record.
6.
Admittedly, the alleged recovery has been effected from busy
place
where so many persons were available , but the complainant has fail ed to associate any independent/impartial person of the locality to witness the alleged recovery. The alleged offence carries punishment for imprisonment which may extend up to 03 years but may not be less than 01 year with fine of Rupees Two Lacs. It is settled law that while deciding the question of bai l lesser sentence is to be considered. The alleged offence does not fall within the prohibitory clause of Section 497 Cr.P.C. In such like cases grant of bail is rig ht and its refusal is exception. Reliance in this regard is placed upon the dictum laid dow n by the Honourable Supreme Court in case of MUHAMMAD TANVEER v. The STATE & another (PLD 2017 Supreme Court 733).
“We are shocked and disturbed to observe that in cases of this nature, not falling within the prohibition contained in section 497, Cr.P.C. invariably grant of bail is refused on flimsy grounds. This practice should come to an end because the public, particularly accused persons charged for such offences are unnecessarily burdened with extra expenditure and this Court is heavily taxed because leave petitions in hundreds are piling up in this Court and the diary of the Court is congested with such like petitions. This phenomenon is growing tremendously, thus, cannot be lightly ignored as precious time of the Court is wasted in disposal of such
3
p etitions. This Court is purely a constitutional Court to deal with intricate questions of law and Constitution and to lay down guiding principle for the Courts of the country where law points require interpretation.”
7.
Further , the challan has been submi tted and applicant
is behind the bars without any useful purpose
and besides he is no more required for further investigation . There is also no complaint of such nature against him in past. All the witnesses are police officials and their testimony is yet to be determined at the trial
whether truthful or false , since then applicants’ case falls with in
the ambit of sub - section (2) to Section 497 Cr.P.C.
8 .
In view of what has been stated
above, applicant
is admitted to bail subject to his furnishing solve nt surety in the sum of Rs. 5 0,000/ -
(Rupees Fifty Thousand Only) and P.R Bond
in the like amount to the satisfaction of the learned T rial Court.
9.
It is, however, categorically clarified that the observations articulated herein are tentative and shall ne ither prejudice nor preempt the merits of the case at the stage of trial.
Accordingly, the bail application stands disposed of.
JUDGE
Shahid