PLJ 2021 Cr.C. 1442
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Post-arrest bail, grant of--Allegation of--Recovery of charas--Perusal of report further reflects that petitioner is suffering from old fire-arm injury left femur operated from Hospital with metallic open fixation, which was removed after about one year--Thereafter external plastic leg support applied--Thus, in such backdrop, case against petitioner has, at least, become to be one for his release on bail due to physical hazards, he is confined in jail--Moreover, till time, accused is found guilty, he is presumed to be innocent--Even otherwise, report of Chemical Examiner has not been received so far--Investigation of this case has already been completed--Law Officer affirms that petitioner is previous non-record holder--Bail was allowed. [P. 1443] A
2019 SCMR 1651.
Mr. Nasir Mehboob Tiwana, Advocate for Petitioner.
Mr. Haroon Rasheed, DPG. for State.
Date of hearing: 23.2.2021.
PLJ 2021 Cr.C. 1442
[Lahore High Court, Lahore]
Present: Anwaarul Haq Pannun, J.
RAB NAWAZ--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 3917-B of 2021, decided on 23.2.2021.
Order
Having been fizzled out in obtaining the relief of post-arrest bail from the learned Court below, the petitioner by means of instant petition has prayed for same in a case registered vide FIR No. 326, dated 23.10.2020, offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, with P.S. Shorkot Cantt, District Jhang, facing the allegation that on the aforesaid date, his car was intercepted by the police contingents and on search of the car, underneath the front seat, Charas weighing 3290 grams was allegedly recovered. Hence, this case was registered.
2. Arguments heard. Record perused.
3. Bare perusal of the crime report reflects that allegedly the petitioner was captured while he was driving the car but as per stance of the learned counsel for the petitioner that the story of occurrence,
has been concocted, that petitioner is suffering from physical disability and as such he is unable to drive the car. In response to order dated 04.02.2021 whereby a report from the Superintendent, District Jail, Jhang was requisitioned, the report bearing memo No. 1626 dated 12.02.21 discloses in its last para that:
“….. At present admitted in jail Hospital with external support, Cellulites developed. Examined by orthopedic surgeon from DHQ Hospital, Jhang is on medication and daily dressing. He cannot walk without any support and left leg remains always straight due to absence of knee joint removal during operation.
Perusal of the report further reflects that petitioner is suffering from old fire-arm injury left femur operated from Allied Hospital Faisalabad on 28.02.2019 with metallic open fixation, which was removed after about one year. Thereafter external plastic leg support applied. Thus, in such backdrop, case against the petitioner has, at least, become to be one for his release on bail due to physical hazards, he is confined in jail. Moreover, till the time, the accused is found guilty, he is presumed to be innocent. Even otherwise, the report of Chemical Examiner has not been received so far. The investigation of this case has already been completed. Learned Law Officer affirms that the petitioner is previous non-record holder.
4. In view of above, while relying upon case titled Hussain Ullah v. State and another (2019 SCMR 1651) the petition in hand is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 100,000/- (rupees one lac) with one surety in the like amount to the satisfaction of learned trial Court. The above observations are tentative in nature and would not be taken as conclusive, have been made in view of circumstances of this case and the available record. The learned trial Court shall have the privilege to personally watch the accused and shall decide the case in accordance with law.
(A.A.K.) Petition allowed
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