Muhammad Ali Jagirani vs Province of Sindh through Home Secretary Sindh Secretariat Government of Sindh, Karac

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Muhammad Ali Jagirani VS Province of Sindh through Home Secretary Sindh Secretariat Government of Sindh, Karachi S. 497---Bail---Observations of the Court---Scope---Observations recorded in bail order are tentative in nature and shall not, in any manner, prejudice or influence the Trial Court during the adjudication of the case. Citation Name: 2026 MLD 599 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Ali Jagirani VS Province of Sindh through Home Secretary Sindh Secretariat Government of Sindh, Karachi S. 497 (2)---Sindh Control of Narcotic Substances Act (VIII of 2024), 9(1), Sr. No.3(c)---Sindh Arms Act (V of 2013), S. 23(1)(a)---Possession of narcotic substance and illicit weapon---Bail, grant of---Further inquiry---Allegation against the petitioner was that 1530-grams charas was recovered from his possession---Allegedly, the petitioner had been nominated in the FIR and recovery of 1530 grams of contraband substance, viz. charas, was shown to have been effected from his possession---However, the punishment provided by law for the said offence is imprisonment which may be extend to fourteen years but shall not be less than nine years---When the statue provided two punishments, then lesser one was to be considered at bail stage---Hence, the alleged offence with which the petitioner was charged did not fall within the ambit of prohibitory clause of S.497,Cr.P.C., thus making bail the rule and jail the exception---Furthermore, the non-association of private mashirs in such circumstances undermined the credibility of the prosecution case---Additionally, no video recording or photographic evidence of the recovery proceedings had been placed on record, despite the availability of technology and the statutory expectation of transparency under such circumstances---In cases hinging solely on police testimony, the benefit of doubt must be afforded to the accused, even at the bail stage---In the circumstances and in view of legal as well as factual position of record the petitioner had succeeded to make out a good prima facie case for grant of bail---Bail petition was allowed, in circumstances.

Muhammad Ali Jagirani vs Province of Sindh through Home Secretary Sindh Secretariat Government of Sindh, Karachi S — 2026 MLD 599 KARACHI-HIGH-COURT-SINDH

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