SAEED AHMED vs STATE through P.G. Punjab and another

ORDER

Ejaz Afzal Khan, J.--Petitioner who is charged in a case registered against him under Section 9(C) of the Control of Narcotic Substances Act, 1997 vide FIR No, 206 dated 20.7.2016 registered at Police Station City Ahmedpur East, District Bahawalpur when failed to get the concession of bail from the lower forum as well as the High Court, sought indulgence of this Court by moving this petition mainly on the ground that since the substance recovered marginally exceeds 1 k.g. he is not likely to be awarded maximum sentence provided by the statute.

2. The learned Additional Prosecutor General appearing on behalf of the State contended that two witnesses have already been examined in this case, therefore, any order granting bail at this stage would prejudice the case of the prosecution.

3. We have gone through the record carefully and considered the submissions of learned ASC for the petitioner as well as the learned Additional Prosecutor General for the State.

4. The record reveals that the petitioner has been found in possession of 1350 grams of charas.

Since the substance recovered marginally exceeds 1 k.g. we doubt petitioner could be awarded maximum sentence provided by the statute. The fact that he has been in jail for more than seven months and his trial is not likely to be concluded in the near future would also tilt in favour of grant of bail rather than refusal.

5. For the reasons discussed above, we convert this petition into appeal, allow it and direct release of the petitioner on bail if he furnishes bail bonds in the sum of Rs,1,00,000/- (one lac) with two sureties to the satisfaction of the trial Court.