ARSHAD MEHMOOD Versus State

ORDER

IRSHAD ALI SHAH, J. ---It is alleged that the applicants were found in possession of gutka/mainpuri an injurious/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 applicants on having been refused pre arrest bail by learned 2nd Additional Sessions Judge, Sanghar have sought for the same from this Court by way of instant application under section 498, Cr.P.C.

3. It is contended by learned counsel for the applicants that the applicants being innocent have been involved in this case falsely by the police without any lawful justification and malafidely. By contending so, he sought for pre-arrest bail for the applicant on bail on point of further enquiry and mala fide.

4. Learned A.P.G. for the State has opposed to grant of pre arrest bail to the applicants by contending that the offence which he has committed is affecting 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, P.P.C., its applicability requires determination at trial, there is no independent witness to the incident, the case has finally been challaned and there is no apprehension of tampering with the evidence on the part of applicants as all the witnesses are police personnel. In these circumstances, a case for grant of pre-arrest bail to the applicant on point of further enquiry and mala fide is obviously made out.

7. In view of above, the interim pre-arrest bail already granted to the applicants is confirmed on same terms and conditions.

8. The instant bail application is disposed of accordingly.

ADN/A-198/Sindh Bail confirmed.