-Bail after arrest, grant of--Recovery of charas---Petitioner has applied for his post-arrest bail solely on medical ground-

 PLJ 2022 Cr.C. 363

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Bail after arrest, grant of--Allegation of--Recovery of charas--Petitioner has applied for his post-arrest bail solely on medical ground--Report submitted on behalf of Medical Officer, District Jail Khanewal shows that petitioner is patient of HIV/AIDS, during his treatment he has undergone many complications and apparently general weakness is found in his health coupled with other diseases which is deteriorating--He is behind bars without any tangible progress in trial--His further incarceration in jail, when he is suffering from a severe disease i.e. HIV/AIDS, can not only lead to his life and health even to others--Petitioner is behind bars since his arrest without any progress in trial, thus, he is entitled to be released on bail only on medical ground.                                                                             [P. 364] A

Mr. Nadeem Ahmad Tarar, Advocate for Petitioner.

Mr. Adnan Latif Sheikh, Deputy Prosecutor General for State.

Date of hearing: 14.7.2021.

 PLJ 2022 Cr.C. 363
[Lahore High Court, Multan Bench]
Present: Muhammad Amjad Rafiq, J.
MUHAMMAD ASHFAQ--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 3665-B of 2021, decided on 14.7.2021.

order

Through this petition under Section 497, Cr.P.C. petitioner Muhammad Ashfaq has sought post arrest bail in case FIR No. 83 dated 09.02.2021, in respect of an offence under Section 9-C of The Control of Narcotic Substances Act, 1997, registered at Police Station City Mian Channu, District Khanewal.

2. The allegation against the petitioner is that he was apprehended by the police contingents on a tip-off and on his personal search charas weighing 2100-grams was recovered from his possession.

3. Heard. Record perused.

4. The petitioner has applied for his post-arrest bail solely on the medical ground. Report dated 03.07.2021 submitted on behalf of Medical Officer, District Jail Khanewal shows that the petitioner is patient of HIV/AIDS, during his treatment he has undergone many complications and apparently general weakness is found in his health coupled with other diseases which is deteriorating. He is behind the bars since 09.02.2021 without any tangible progress in the trial. His further incarceration in the jail, when he is suffering from a severe disease i.e. HIV/AIDS, can not only lead to his life and health even to others. The petitioner is behind the bars since his arrest i.e. 09.02.2021 without any progress in the trial, thus, he is entitled to be released on bail only on the medical ground.

5. In view of above, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/-with one surety in the like amount to the satisfaction of the learned trial Court.

(A.A.K.)          Bail allowed