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1989 P Cr. L J 1402

MUHAMMAD RAMZAN vs THE STATE

Citation1989 P Cr. L J 1402
CourtSindh High Court
Case No.Criminal Bail Application No 1261 of 1988
Date1989-01-16
Judge(s)Muhammad Mazhar Ali
ResultBail granted

ORDER

1. ' This bail application has been presented on behalf of Muhammad Ramzan son of Muhammad, Amin who, as per F.I.R. Was found to be in possession of 20 grams of heroin. The accused was arrested on 19-7-1988 and it is since then that he is in custody. The first remand was obtained by the police on 20-7-1988 on the ground that the material recovered from his possession had been sent to the Chemical Analyser. The learned A.A.-G. States that the report has not yet been received from the Chemical Analyser. He, however, prays that a fortnight's time may be given to him to get the report from the Chemical Analyser. The counsel for the applicant, on the other hand, vehemently contends that the applicant is behind the bar for the last seven months and it is a fit case for grant of bail. He seeks to place reliance on a decision of Lahore High Court reported in 1986 P Cr. L J 1574, wherein bail was granted on the ground that the accused was in custody for over two months and the report of Cehmical Analyser was not available. The counsel for the applicant further contends that even the alleged witnesses of search also do not belong to the locality where the recovery was allegedly made.

2. Having heard the arguments of the learned cunsel for the parties, I am of the opinion that in the absence of Chemical Analyser's report for such a long period it will be contrary to the norms of justice not to enlarge applicant on bail. He is admittedly in custody since 19-7-1988.

3. ' Under the aforesaidsireumstances, he is admitted to bail, subject to his furnishing P.R. Bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court.

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