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Petitioner: Usman and another VS Respondent: The State
Court Name: Sindh High Court Judge(s): Irshad Ali Shah Title: Usman and another vs The State Case No.: Cr.B.A.No.S- 1412 of 2019 Date of Judgment:2019-12-20 Reported As: 2019 SHC 564 Result: application disposed off
Judgment Irshad Ali Shah J. The applicant is alleged to be found in possession of plastic bags and sack contain ing packets / sachets of Gutka and Main puri an injurio us / poisonous substance intending to spread infection / disease likely to be dangerous / poisonous to human lives, for that he was booked and reported upon by the police. 2. The applicant on having been refused post arrest bail by learned IInd Additional Sessions Judge, Badin has sought for the same from this Court by way of instant application u/s 497 Cr .P.C. 3. It is contended by learned counsel for the applicant that the applicant was denied bail by learned trial Court without lawful justification. By contending so, he sought for release of the applicant on bail on point of further enquiry . 4. Learned A.P.G. for the State has opposed to release of applicant on bail by contending that the offence which he has committed is af fecting the society at large. 5. I have considered the above arguments and perused the record. 6. All the penal sections applied in case are bailable, except one under section 337-J PPC, applicability whereof requires determination at trial. There is no independent witness to the incident. Only two packets containing sachets (puris) have been subjected to chemical examination that too with delay of five days to its recovery . The case has finally been challaned and there is no apprehension of tempering with the evidence on the part of applicant as all the witnesses are police personals. In these circumstances, a case for release of the applicant on bail on point of further enquiry pending trial, obviously is made out. 7. In view of above, the applicant is admitted to bail subject to his furnishing solve nt surety in the sum Rs.30,000/- (rupees thirty thousand) and PR bond in the like amount, to the satisfaction of the learned trial Court. 8. The instant bail application is disposed of accordingly .