Natasha Danish Versus State
The applicant sought post-arrest bail in a case registered under Section 11 of the Prohibition (Enforcement of Zard) Order, 1979, following allegations of intoxication with Methamphetamine based on a urine sample, whereas an earlier connected vehicular accident case involving culpable homicide had already been compromised resulting in acquittal. The core legal questions involved whether the alleged offence attracted a prohibitory clause and whether contradictions between blood and urine reports warranted further inquiry. The Sindh High Court held that the maximum sentence for the charged offence was three years, that contradictions between the negative blood report and the urine report made the case one of further inquiry under Section 497(2) of the Code of Criminal Procedure, 1898, and that the applicant's status as a woman with dependent children further supported bail. The court laid down the principle that bail should generally be granted in offences carrying sentences below the statutory threshold unless exceptional circumstances exist, and that bail cannot be withheld as a form of punishment.
- Whether contradictions between a negative blood report and a positive urine report regarding narcotic presence make a case one of further inquiry for the grant of bail?
- Does an offence carrying a maximum sentence of three years generally entitle an accused to post-arrest bail in the absence of exceptional circumstances?
- Whether the status of an accused being a woman with dependent school-going children constitutes a relevant mitigating factor for post-arrest bail?
- Can bail be withheld as a form of punishment pending the conclusion of the trial?
- Section 11, Prohibition (Enforcement of Hadd) Order 1979
- Section 320, Pakistan Penal Code 1860
- Section 337-G, Pakistan Penal Code 1860
- Section 279, Pakistan Penal Code 1860
- Section 427, Pakistan Penal Code 1860
- Section 322, Pakistan Penal Code 1860
Order
Muhammad Karim Khan Agha, J .--- Applicant Natasha Danish was booked in FIR No.242/2024 under Section 11 of PEHO 1979 registered at PS Bahadurabad, Karachi. She applied for post arrest bail before Court of IVth Additional Sessions Judge (East) Karachi which was declined vide order dated 13.09.2024. Hence the applicant approached this Court for post arrest bail.
2. To a certain extent this is an off shoot case whereby the applicant was booked in Crime No.229/2024 under sections. 320/337-G/279/427 P.P.C read with Section 322 P.P.C and Section 100 of PEVA registered at PS Bahadurabad, Karachi where in effect the applicant was accused of causing death by reckless driving. However, this case was compromised by the parties and as such the applicant stands acquitted on account of compromise.
3. This off shoot case relates to the fact that after the incident the applicant went to the Jinnah Post Graduate Medical Central (JPMC) Karachi where the blood and urine samples of the applicant were taken. According to the FIR the applicant was found to have been intoxicated with Methamphetamine (Ice) which led to the above FIR being lodged under Section 11 PEHO 1979.
4. I have heard learned counsel for the applicant and learned Additional Prosecutor General Sindh and perused the record. Learned APG has vehemently opposed the grant of bail.
5. At the outset I would like to point out that this case has attracted a lot of media attention much of which is not in favor of the applicant as well as outery from civil society which might have caused prejudice to her trial. It is made clear that the Courts are not influenced by any extraneous factors and that judges decide the cases before them strictly in accordance with the law and the facts of the case.
6. I have gone through Section 11 PEHO, 1979 which actually deals with drinking of Alcohol and prescribes the maximum sentence of 03 years imprisonment. It is difficult to see how the applicant has been booked under this Section since it was a narcotics substance (ice) which was allegedly found in her body rather than Alcohol, however, this issue I leave for the trial Court.
7. As mentioned above, the maximum sentence available for the offence under which the applicant has been charged is 03 years imprisonment and the general rule is that bail should be granted in such like cases unless exceptional circumstances exist. There is no exceptional circumstance existing in this case in order to decline the bail especially when the complainant side has already compromised the main case, which lead to the acquittal of the applicant. Even otherwise a glance at the chemical report reveals that the applicant's blood sample found no narcotic, sedative, psychoactive toxic or any other foreign compound /element in the given sample. The urine sample given by the applicant found that the Methamphetamine (Ice) i.e. narcotic was detected in the given sample, hence there appears to be a contradiction between the two reports (blood and urine) which makes this a case of further inquiry.
8. Even if the applicant had taken ice (narcotic) it would prima facie have been a very small amount since otherwise the applicant would have overdosed. Hence even if a case fell under CNS Act, 1997 and could be made out against her since the quantum of ice which the applicant had taken cannot be ascertained from her urine sample and is likely to be very minor in nature the maximum sentence would most probably be less than 03 years which would entitle her to the grant of bail as mentioned above.
9. It is also relevant that the applicant is a lady and has 03 children all of whom are school going out of whom one is a young female and as such they need the support of their mother who has already been in jail for the last 06 weeks.
10. I have been informed that the challan has been filed but the charge is yet to be framed and as such the applicant is no longer required for further investigation. I have also been informed by Additional Prosecutor General Sindh there are 13 PWs in this case which will naturally take some time to have their evidence recorded. It is also trite law that bail cannot be withheld as a punishment.
11. Under these circumstances I find that this is a case of further inquiry against the applicant as such I hereby grant post arrest bail to the applicant Natasha Danish wife of Muhammad Iqbal Danish subject to furnishing her solvent surety in the sum of Rs.10,00,000/- (Rupees Ten Lac) and PR Bond in the like amount to the satisfaction of the Nazir of the concerned trial Court.
12. It is made clear that this order is only after a tentative assessment of the evidence available on record and would have no bearing on the trial of the applicant which shall be decided by the concerned trial Court expeditiously based on the evidence placed before it.
13. The instant criminal bail application stands disposed of in the above terms.
JK/N-22/Sindh Bail granted.