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Criminal Bail Application No. 356 of 1986, decided on 15th May, 1986.
‑‑--S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts‑3 & 4‑‑Bail, grant of‑‑Previous recorded enmity appearing between Police Officer, included in raid party and acting as Mashir of recovery of contraband Charas and petitioner‑‑Case being that of further inquiry, petitioner allowed bail.
1969 S C M R 233 and 1979 P Cr. L J 108 ref.
Abdul Hameed Dogar for Applicant.
Zawar Hussain Jafferi, A.A.‑G. for the State.
Granted subject to all just exceptions.
2. The facts of the case are that on 1‑2‑1986 on receipt of spy information Kotdiji police intercepted Truck No. PRA 9986 on the Link Road from Khairpur to Tando Masti. Four persons in the truck started running and two of them viz. driver and cleaner managed to escape, while other two including the present applicant were arrested by the police. The police secured from the truck 31 cloth bags containing 569 k.gs. of Charas. After usual investigation both the persons who were arrested were challaned in the Court and other two are shown as absconders.
It is contended by Mr. Abdul Hameed Dogar that the applicant has been involved due to the enmity with H.C. Ghulam Hyder of Kotdiji Police Station who was in the raiding party and who is Mashir of the Mashirnama of recovery. In support he has produced photostat copy of application made by the applicant to Deputy Commissioner, Khairpur which purports to have been received on behalf of Deputy Commissioner on 7‑1‑1986. He also contends that the offence is not punishable with ten years imprisonment or death and as such bail cannot be withheld as a sort of punishment. He has relied on 1969 S C M R 233 where their Lordships have held that evidence against the petitioner was still to be evaluated and that as a general rule on a charge of kind made in this case not involving a sentence of death or transportation for life, bail should ordinarily be allowed disregarding the grounds of the seriousness or anti‑social nature of the offence unless there be strong grounds in the shape of evidence for the belief that he is guilty.
He has also relied on 1979 P Cr. L J 108 wherein a Single Judge of this Court had granted bail to the applicant from whose possession one maund of Charas was recovered.
In view of the fact that there appears to be recorded previous enmity between the applicant and one of the police officer of the police station concerned, who is also a witness in this case, it becomes a case for further inquiry. Learned A.A.‑G. has no objection to the grant of bail in the circumstances provided heavy security is taken from the applicant for appearing in the Court. The applicant is ordered to be released on bail on furnishing surety in the sum of Rs.50,000 and P.R. in the like amount to the satisfaction of the trial Court.
S. G. D. Bail allowed.
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