Now well settled that mere involvement of an accused in some other case(s) by itself is no ground to refuse bail, if otherwise, he is entitled to said concession on merits--Bail allowed

 PLJ 2023 Cr.C. (Note) 216
[Lahore High Court, Lahore]
Present: Malik Shahzad Ahmad Khan, J.
GOHAR AZEEM--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 13226-B of 2023, decided on 7.3.2023.

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

----S. 497--Control of Narcotic Substances Act, (XXV of 1997), Ss. 9(1) & 3(b)--Recovery of charas--Post-arrest bail, grant of--The petitioner is in judicial lockup and he is no more required for further investigation--No useful purpose shall be served by keeping petitioner behind bars--The offence which has been alleged against petitioner does not fall within ambit of Prohibitory Clause of Section 51 of CNSA--Although it has been argued by learned Deputy Prosecutor General that petitioner is involved in one other criminal case but as per police report said case is still pending adjudication before concerned Court--Held: It is by now well settled that mere involvement of an accused in some other case(s) by itself is no ground to refuse bail, if otherwise, he is entitled to said concession on merits--Bail allowed.                                                                                        [Para 3] A

2012 SCMR 573 & 1997 SCMR 412.

Mrs. Naila Mushtaq Ahmed Dhoon, Advocate for petitioner.

Mr. Nisar Ahmad Virk, Deputy Prosecutor General for State.

Date of hearing: 7.3.2023.

Order

Through the instant petition, Gohar Azeem (petitioner) seeks post-arrest bail in case FIR No. 71/2023 dated 22.01.2023, offence under Section 9-(1)3(b) of the Control of Narcotic Substances Act, 1997 (XX of 2022), registered with Police Station Murad-pur, District Sialkot.

2. Arguments heard. Record perused.

3. As brief allegations levelled in the FIR, on 22.01.2023, the petitioner was apprehended by the police and on his search Charas weighing 820-grams was recovered from his possession, hence the abovementioned FIR. The petitioner is in judicial lockup since 22.01.2023 and he is no more required for further investigation. No useful purpose shall be served by keeping the petitioner behind the bars. The offence which has been alleged against the petitioner does not fall within the ambit of Prohibitory Clause of Section 51 of CNSA. Although it has been argued by learned Deputy Prosecutor General that the petitioner is involved in one other criminal case but as per police report the said case is still pending adjudication before the concerned Court. It is by now well settled that mere involvement of an accused in some other case(s) by itself is no ground to refuse bail, if otherwise, he is entitled to the said concession on merits. Reference in this context may be made to the cases reported as ‘Jamal-ud-Din alias Zubair Khan vs. The State’ (2012 SCMR 573) & ‘Muhammad Rafique vs. The State’ (1997 SCMR 412).

4. In the light of above, this petition is allowed and the petitioner is admitted to bail after arrest subject to his furnishing bail bonds in the sum of Rs. 2,00,000/-(Rupees two hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.

(A.A.K.)          Bail allowed