2021 P Cr (PLP)
SAJEEL — Applicant Versus The STATE — Respondent
| Citation | 2021 P Cr (PLP) |
| Forum / Court | Sindh (Hyderabad Bench) |
| Bench Members | N/A |
| Parties | SAJEEL — Applicant Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2021 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2021 P Cr (PLP)?
The case was heard and decided by the Sindh (Hyderabad Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 P Cr (PLP) (SAJEEL — Applicant Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- 2. Learned advocate for the applicant has mainly contended that the applicant is innocent and he has been falsely implicated by the police after snatching cash amount of Rs.5500/- from him; that the applicant is a student and is not involved in any other case of the nature; that only 06 sachets (purries) of Safina Gutka out of 315 sachets allegedly recovered from the applicant were sent to chemical analyzer and whereas remaining 309 sachets shown to have been recovered from the applicant were not sent to expert for examination and report, per learned counsel, 06 sachets (purries) total weighing about 12 grams could easily be foisted upon any person; that the investigation stood completed and the applicant is regularly attending the learned trial Court. Learned A.P.G. after going through the police papers has frankly conceded to the confirmation of interim pre-arrest bail earlier granted to the applicant stating that there was no valid reason for not sending the remaining sachets/purries shown to have been recovered from the applicant to the chemical examiner, although total weight of 315 sachets was 630 grams; and, that 06 sachets sent for expert opinion could not be the representative samples for the remaining sachets, as every sachet was a separate small closed bag, containing small amount of substance. Under these peculiar circumstances of the case, I am of the view that the applicant has made out his case for grant of anticipatory bail. Accordingly, the instant bail application is allowed and ad-interim pre-arrest bail earlier granted to the applicant vide order dated 24.12.2019 is hereby confirmed on the same terms and conditions.
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss. 269, 270 & 337-J
Negligent act likely to spread infection of disease dangerous to life, malignant act likely to spread infection of disease dangerous to life, causing hurt by means of poison
Pre-arrest bail, confirmation of
Recovery of 315 sachets (purries) of Gutka
Only 6 sachets (purries) of Safina Gutka weighing about 12 grams, out of 630 grams, were sent to Chemical Analyzer which could easily be foisted upon any person
Such sachets, sent for expert opinion, could not be the representative samples for the remaining sachets, as every sachet was a separate small closed bag, containing small amount of substance
Investigation stood completed and the accused was regularly attending the Trial Court
Bail application of the accused was allowed and his interim pre-arrest bail was confirmed, in circumstances.
Judgment & Decree
KHADIM HUSSAIN M. SHA1KH, J.
By means of this bail application, the applicant Sajeel son of Abdul Hameed Memon seeks pre-arrest bail in the case emanating from Crime No.70 of 2019, registered at Police Station. Nindo for offences under sections 269, 270 and 337-J, P.P.C., after his plea of anticipatory bail has been declined by learned Ilnd Additional Sessions Judge, Badin dismissing his Bail Application No. 985 of 2019 vide order dated 17.10.2019.
2. Learned advocate for the applicant has mainly contended that the applicant is innocent and he has been falsely implicated by the police after snatching cash amount of Rs.5500/- from him; that the applicant is a student and is not involved in any other case of the nature; that only 06 sachets (purries) of Safina Gutka out of 315 sachets allegedly recovered from the applicant were sent to chemical analyzer and whereas remaining 309 sachets shown to have been recovered from the applicant were not sent to expert for examination and report, per learned counsel, 06 sachets (purries) total weighing about 12 grams could easily be foisted upon any person; that the investigation stood completed and the applicant is regularly attending the learned trial Court. Learned A.P.G. after going through the police papers has frankly conceded to the confirmation of interim pre-arrest bail earlier granted to the applicant stating that there was no valid reason for not sending the remaining sachets/purries shown to have been recovered from the applicant to the chemical examiner, although total weight of 315 sachets was 630 grams; and, that 06 sachets sent for expert opinion could not be the representative samples for the remaining sachets, as every sachet was a separate small closed bag, containing small amount of substance. Under these peculiar circumstances of the case, I am of the view that the applicant has made out his case for grant of anticipatory bail. Accordingly, the instant bail application is allowed and ad-interim pre-arrest bail earlier granted to the applicant vide order dated 24.12.2019 is hereby confirmed on the same terms and conditions. ADN/S-16/Sindh Bail confirmed.