2008 PLP 2101 (YLR)

Dr. QAMARUDDIN BOHRA, J.--The prosecution allegation is that on information the Charas in huge quantity was coming from Quetta and reached super highway. The Coast Guards patrolling party stopped a vehicle Toyota Hilux Double Cabin, (Registration No. CN-5776) in which Muhammad Yasin (present applicant/accused) was on driving seat and Abdul Khaliq was also sitting in the vehicle and the said vehicle was searched from which 109 packets of Charas in shape' of rods and 02 packets of Charas Garda were recovered from the secret cavities of the vehicle. Total recovered Charas rods were weighing 148 K.Gs. Whereas, Charas Garda was of 2 K.Gs. Both the accused were arrested and the case was registered against them. The bail applications were moved before the trial Court individually and were rejected then Abdul Khaliq preferred bail application bearing Crl. Bail Application No.987 of 2007, which was heard by the then Honourable Chief Justice of Sindh High Court and vide order dated 11-1-2008 granted him bail. The ground raised for bail is that the case of the present applicant/accused Muhammad Yasin is also on the same footing and the learned counsel for the applicant/accused pressed on the principle of consistency and submitted that the applicant/accused is also entitled for bail. The learned D.A.-G initially opposed the bail plea. However he stated that the applicant/accused have a better case on merit as the quantity which alleged to have been secured and sent to the chemical examiner is less than 1 K.G. and the case is of further inquiry and placed reliance on 2005, PCr.LJ. 1080, as such he did not oppose the bail but suggested that the applicant/accused should withdraw this bail application and he should file a fresh application before the trial Court on merit. The suggestions of learned D.A.G. will be harsh as the applicant on a technical ground is directed to withdraw this bail application and move before the trial Court particularly when his case is better on merit. As such in the interest of justice this very Court likes to dispose of the bail 16 application. Admittedly the quantity which is alleged to be recovered and out of which only nine rods as sample sent to the chemical examiner, which is less than 1 K.G. Moreover, the applicant/accused according to the learned counsel,; was not driving the vehicle as no driving license has been recovered from him. Actually he had taken into a custody while he was standing at Subzi Mandi Bus stop and applicant/accused is falsely involved in this case. The co-accused is admittedly bailed out by this Court and the case of applicant/accused is almost as same as of the co-accused, as such he is also entitled for grant of bail on the principle of consistency. In the light of the above discussion he is admitted to bail in the sum of Rs.200,000 (Rupees Two Lac Only) with P.R. bonds in the like amount to the satisfaction of trial Court. Bail application stands disposed of. H.B.T./M-69/K Bail granted.