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Criminal Bail Application No. 16 of 1987, decided on 25th January, 1987.
‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 4‑ Bail‑‑Mashirs of recovery were not picked up from place from where contraband was recovered and that more than two months elapsed but report of Chemical Examiner was not produced by prosecution to show that powder recovered from possession of accused was Heroin‑‑ Accused stated to be mother of a suckling child‑‑Bail granted in circumstances.
Qurban Ali Chohan for Applicant.
Muhammad Ibrahim Soomro for the State.
The applicant stands charged before the learned Sessions Judge. Hyderabad for committing offence under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979. According to the allegations she was found to be in possession of 270 grams of Heroin when she was searched by A.S.I. Amanullah, Incharge Police Station Tando Allahyar. Her bail application has been rejected by the learned Sessions Judge vide order, dated 15‑12‑1986. The reasons which appear to have weighed with the learned Sessions Judge are that huge quantity of Heroin had been recovered from the applicant's possession and consequently she did not deserve concession of bail.
The contention of Mr. Qurban Ali Chohan, learned counsel for the applicant however, is that the Mashirs of recovery of Heroin were not picked up from the bus‑stop from where the contraband was secured which makes the cases against the applicant suspicious. Further contention of the counsel has been that more than two months have elapsed since the recovery of Heroin but no report from the Chemical Analyser has been produced by the police to show that the powder recovered from the applicant's possession was Heroin. It has been next argued by Mr. Qurban Ali Chohan that the applicant is mother of a young suckling child and, therefore, she should be admitted to bail. Reliance has also been placed on a number of authorities where concession of bail was allowed to women after invoking the proviso to section 497, Cr.P.C.
Although this application is opposed by the learned counsel appearing for the State but for the reasons stated by Mr. Qurban Ali Chohan, it is ordered that the applicant be released on bail. However, while fixing the amount of bond to be executed by the accused the Court cannot be oblivious of the frequent occurrence of cases such as the present] one. Under the circumstances the amount of bond is being fixed at R.1,50,000 and the applicant may furnish one surety in this amount to the satisfaction of the learned Sessions Judge, Hyderabad.
M.Y.H./K‑6/K Bail allowed.
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