ADEEL MASIH @ DIWANA vs STATE and another
This matter concerns a petition for post-arrest bail filed by the petitioner, Adeel Masih alias Diwana, who was apprehended by a police party led by Shoukat Ali, S.I., while allegedly in possession of 1297 grams of Charas. The core legal question before the Court was whether the petitioner was entitled to the concession of post-arrest bail given the circumstances of the recovery and his period of incarceration. Upon review of the record, the Court noted that the investigation into the case had been completed, rendering the petitioner no longer required for investigative purposes. Furthermore, the Court considered the petitioner's prior record, noting he was a probationer in a single case involving illicit liquor consumption, and acknowledged his continuous detention since August 31, 2016. Consequently, the Court allowed the petition and admitted the petitioner to post-arrest bail, subject to the furnishing of bail bonds in the sum of Rs. 200,000 with one surety to the satisfaction of the trial Court. The judgment reinforces the principle that bail is generally appropriate once the investigation is complete and the accused is no longer required for further custodial interrogation.
- Is an accused entitled to post-arrest bail once the investigation is complete and the accused is no longer required for further investigation?
- Does a prior probationary record in a minor offense necessarily preclude the grant of bail in a narcotics case?
ORDER
Shoukat Ali S.I. alongwith police posse was on sentry-go and on having seen the police party, the petitioner tried to take back-track but being suspect was apprehended alongwith 1297 grams of Charas. A parcel of 10 grams was also made separate for analysis.
2. Heard. Record perused.
3. The petitioner has been reported a probationary in one case of illicit liquor consumption but in the instant case he is in jail since 31.8.2016. Investigation is complete and being so is not required for this purpose, therefore, instant petition is allowed and he is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.2,00,000/- (two lacs) with one surety in the like amount to the satisfaction of learned trial Court.