CHANESSAR KHAN GHANGHRO vs State S — 2022 PCrLJN 6 KARACHI-HIGH-COURT-SINDH

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CHANESSAR KHAN GHANGHRO VS State S. 498-a---Penal Code (XLV of 1860), Ss. 269, 270, 272, 273 & 337-J---Negligent act likely to spread infection of disease dangerous to life, malignant act likely to spread infection of disease dangerous to life, adulteration of food or drink intended for sale, sale of noxious food or drink and causing hurt by means of a poison---Pre-arrest bail, confirmation of---accused was allegedly apprehended by the police for openly selling Gutka/Supari, dangerous and hazardous to public health---Case for the grant of bail had been made out by the accused, as it was yet to be determined at the time of trial whether the alleged material was recovered from the accused or not or it had been foisted upon him by the Police---Prosecution had failed to point out that any poisonous thing or poison was given to any other person which could be injurious to human body---Offence did not fall within the prohibitory clause of S. 497, Cr.P.C.---Record further revealed that both the mashirs were police officials and no private person had been cited as mashir---accused was regularly attending the High Court as well as Trial Court and there was no allegation of misusing the concession of bail against him---No useful purpose would be met in diverting back the accused to Trial Court for seeking post arrest bail---accused had made out a case for grant of bail---application was allowed and interim pre-arrest bail already granted to accused was confirmed, in circumstances.

CHANESSAR KHAN GHANGHRO vs State S — 2022 PCrLJN 6 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported