2001 PLP 1937 (MLD)

Ch. Nasir Ahmad Bajwa for Petitioner. Muhammad Shafi for the State. Having been arrested in pursuance of F.I.R. No. 244 dated 6‑9‑2000 of Police Station Sarah of District Sialkot after 350 grams of Opium; 20 grams of Herion and 150 grams Charas was allegedly recovered from his possession, the petitioner submitted a petition in the Court of Session for his release on bail which petition was dismissed by the learned Additional Sessions Judge at Daska on 6‑10‑2000., The petitioner then moved this Court: through Criminal Miscellaneous No. 6396‑B of 2000, for the same relief in which petition notice was issued to the State on,31‑10‑2000. When this petition carne up for final disposal on 16‑4‑2001. The learned counsel for the petitioner was not present but some indication was given by the Police Officer, who had come with record, that the petitioner had since been released on bail by the learned Sessions Judge, Sialkot. We asked for a report from the learned Sessions Judge and it then transpired that on his visit to District Jail of Sialkot on 14‑12‑2000, eighty‑six undertrial prisoners including Maqsood Ahmad petitioner had submitted applications to him for their release on bail. The petitioner has mentioned in the said application that he was a poor man and could not afford to engage a counsel, therefore, he be released on personal bonds. As has been notices above, through order dated 14‑IZ‑2000, the learned Sessions Judge, Sialkot directed the release of the petitioner on bail, subject to his furnishing personal bonds in the sum of Rs:5.000.

2. The petitioner had thus, obviously misled the learned Sessions Judge into passing the said order because the petitioner had intentionally concealed the fact of his having moved this Court for his release on bail and the consequent pendency of his said bail petition before this Court.

3. Since the petitioner had secured the said bail from the learned Sessions Judge through concealment of facts and misrepresentation, therefore, the said bail so allowed‑ to him through the abovementioned order dated 14‑12‑2000 of the learned Sessions Judge‑is recalled. He is already in the custody in pursuance of the warrants issued by this Court for his arrest.

4. Learned counsel for the petitioner now canvasses bail for the petitioner, from this Court, on‑ the ground that the petitioner was a first offender and that his case was not hit by the prohibition contained either in section 497(1) of the Cr.P.C. or the one contained in section 51 of Control of Narcotic Substances Act, 1997.

45. The mere fact that an offence was not hit by the abovementioned prohibition never meant that the said offence had become a bailable offence. Discretion still remains with the competent Court to consider and decide whether a person accused of such an offence did or did not qualify for his release oil bail. It has been repeatedly held by this Court that the persons who were allegedly involved in spreading the deadly poison i.e. the narcotics, in our society were not worthy of grant of any discretionary relief and their consequent release on bail, sinless they could demonstrate that they had a right to be released on bail by satisfying this Court that there were no reasonable grounds for believing that such an accused person had committed the offence alleged against him and that there were sufficient grounds for further enquiring into his guilt. The submission that the accused person was a first offender was hardly relevant for the grant of bail in such‑like cases.

6. Nothing could be offered on behalf of the petitioner to satisfy the above noticed requirements of section 497(2) of the Cr.P.C. In this view of the matter, this petition is dismissed.

7. The petitioner shall now be lodged in jail as an undertrial prisoner. H.B.T./M‑678/L Petition dismissed.