Sections 497 and 498 CrPC apply to offences --grant of bail is a rule and refusal.....

 (i) Sections 497 and 498 CrPC apply to offences under the Khyber Pakhtunkhwa Control of Narcotic Substances Act 2019

(ii) Under the first proviso to Section 497(1) CrPC, grant of bail is a rule and refusal an exception even in an offence of prohibitory clause;

(iii) Bail petition of a woman accused of an offence of prohibitory clause should also be examined under the first proviso to Section 497(1) CrPC, if she is not found entitled to bail under Section 497(2) CrPC; (iv) the nature of an offence may indicate the likelihood of the repetition of the offence by the accused

Bail After Arrest Crl.P.994/2022
Mst. Fursan v. The State through Addl. Advocate General, Khyber Pakhtunkhwa
Mr. Justice Syed Mansoor Ali Shah
26-08-2022