Kashif vs The State and another
The petitioner sought post-arrest bail after being apprehended based on secret information, leading to the alleged recovery of 1280-grams of charas from his personal search, with 10-grams separated for chemical analysis. The Lahore High Court considered the duration of the petitioner's incarceration since March 30, 2013, and the facts of the case touching the borderlines of further inquiry. Consequently, the court held that the petitioner was entitled to relief and granted post-arrest bail subject to the furnishing of bail bonds with a surety to the satisfaction of the trial court. The key principle established is that prolonged incarceration coupled with the nature of the evidentiary threshold touching further inquiry warrants the concession of post-arrest bail in narcotics cases.
- Whether prolonged incarceration without trial conclusion justifies the grant of post-arrest bail in narcotics cases?
- Can post-arrest bail be granted when the case touches the borderline of further inquiry?
ORDER
' MAZHAR IQBAL SIDHU, J. --- On the furtive intelligence provided by a fink to the complainant, the petitioner was apprehended and on his personal search, 1280-grams charas was recovered, out of the same 10-grams was made separate for analysis.
2. Heard. Record perused.
3. Since, 30.03.2013, the petitioner is behind the bars and his case appears to be touching the borderlines case. In these circumstances, he is granted bail provided his submissions of bail bonds in the sum of Rs, 1,00,000/-(Rupees one lac only) with one surety in the like amount to the satisfaction of the learned Trial Court.
Bail after arrest granted.