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Petitioner: IRSHAD ALI VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Rehmat Hussain Jaffery Title: IRSHAD ALI vs THE STATE Case No.: Criminal Bail Application No,6 of 2005 Date of Judgment:2005-01-11 Reported As: 2007 P Cr. L J 165 Result: Bail granted
Judgment ORDER ' RAHMAT HUSSAIN JAFFERI, J.--- On 19-7-2004 at 9-00 p.m., the complainant A.S.-I. Akhtiar Ali apprehended the applicant near his house in a street of Valeed Mohalla, Larkana and secured 200 grams of Charas from his possession. A sample was drawn from the property. The property was sealed. The applicant was arrested and such Mashirnama was prepared in presence of Mashirs. The property and the accused/applicant were brought to the police station, where the A.S.-I. Lodged the report under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979. A bail application was moved before the trial Court, but the same was dismissed, hence the application. ' The learned Advocate for the applicant has stated that the punishment provided under Article 4 of the Prohibition (Enforcement of Hadd) Order, is 2 years; the case has been challaned and it is not expected to be decided very shortly because of the large number of cases pending before the trial Court, therefore, he has requested for the grant of bail. The learned State counsel conceded the above position and raised no objection to the grant of bail. The applicant has been involved in the case for offence punishable under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979, which carries punishment of 2 years only. The learned State counsel has stated that he has not received the Chemical Analyzer's report so far. As such, 5 months have passed, but still the report has not been sent to the prosecution enabling them to proceed with the case. As such, the case has already delayed for about 5 months. It is not known as to when the Chemical Analyzer's report will be received by the prosecution and the case will be posted for regular trial. The applicant has already remained in jail for a period of 5 months for an offence carrying punishment of 2 years.
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' In these circumstances, this is a fit case where the applicant can be released on bail. Consequently, bail is granted to the applicant in the sum of Rs,50,000 (Rupees fifty thousand) on furnishing solvent surety with P.R. Bond in the like amount to the satisfaction of trial Court. The application is allowed.