AASHIQ HUSSAIN Versus State Ms. Rabia Shahzad Malik

ORDER

Through this Criminal Misc. petition, the petitioner has applied for post-arrest bail in case FIR No.544, dated 03.11.2021, under section 9(c), CNSA, 1997, Police Station Sihala, Islamabad.

2. Brief facts referred in the instant case FIR lodged on the complaint of Ashfaq Ahmed, S.I are that on 03.11.2021, he received spy information that one person is coming from Bhangrial road near dhera Riaz Shah holding blue colour shopping bag, who tried to flee away on seeing the police from the said place, however, he has been detained with the help of police officials and during his personal search heroin weighing 1204 grams was recovered.

3. Learned counsel for the petitioner contends that petitioner is innocent and has falsely been implicated in this case, even challan has been submitted in the court and no other criminal case is registered against the petitioner; that quantity of contraband falls within the ambit of borderline case, therefore, petitioner is entitled for concession of post-arrest bail.

4. Conversely, learned State Counsel contends that petitioner was caught red handed while in possession of 1204 grams heroin and no case of further inquiry emerges on record, therefore, concession of post-arrest bail could not be granted.

5. Arguments heard, record perused.

6. Cursory glimpse of record reveals that petitioner was arrested in the above mentioned case when he was found in possession of 1204 grams heroin and recovery memo is silent qua the net weight or gross weight of recovered contraband. In such scenario, this court has been guided by the principles settled in 2020 SCMR 1859 (Abbas Raza v. State), 2020 SCMR 350 (Aya Khan v. State), whereby the quantity of recovered contraband is closer to the borderline limit of sections 9(b) and 9(c) of the CNSA, 1997, and bail was granted to the accused person.

7. Besides the above referred position, petitioner in behind the bars since his date of arrest i.e. 03.11.2021 and incomplete challan has been submitted in the Court. In such scenario, we do not find any ground for refusal of bail to the petitioner while relying upon PLD 1972 SC 81 (Manzoor and 4 others v. The State), whereby it was held that the ultimate conviction and incarceration of a guilty person can repair the wrong caused by mistaken relief of interim bail granted to him, but no satisfactory reparation can be offered to an innocent man for his un-justified incarceration at any stage of the case albeit his acquittal in the long run.

8. In view of above, instant Criminal Misc. Petition is ALLOWED. Petitioner is admitted to post-arrest bail, subject to furnishing bail bonds in 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.

SA/57/Isl. Bail granted.