Irshad Ali Shah J;- It is alleged that the applicant was 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 applicant on having been refused pre arrest bail by learned Additional Sessions Judge-1, Tharparkar at Mithi has sought for the same from this Court by way of instant application u/s 498 Cr .P.C.
3. It is contended by learned counsel for the applicant that he being innocent has been involved in this case falsely by the police without lawful justification and malafidely . By contending so, he sought for pre-arrest bail on point of further enquiry and malafide.
4. Learned A.P.G. for the State has opposed to grant of pre arrest bail to the applicant by contending that the offence which he has committed is af fecting 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 PPC, applicability whereof requires determination at trial, there is no independent witness to the incident. Only 12 puris have been subjected to chemical examination, the case has finally been challaned, there is no apprehension of tempering with the evidence on the part of applicant as all the witnesses are police personals. In these circumstances, a case for grant of pre-arrest bail to the applicant on point of further enquiry and malafide is obviously made out.
7. In view of above, the interim pre-arrest bail already granted to the applicant is confirmed on same terms and conditions.
8. The instant bail application is disposed of accordingly .