2004 P Cr (PLP)

MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.

Ashiq Hussain-petitioner stands involved in Crime Report No. 177 under section 9(b) of the Control of Narcotic Substances Act, 1997, registered with Police Station, Jalalpur Bhattian, District Hafizabad on 22-6-2003 at the instance of Mansab Ali, A.S.-I, of the said police station. 2.The backdrop of the prosecution story is the following: On 22-6-2003 at about 3.25 p.m., the complainant alonglvith a contingent of police officials was available at Khurram Chor Road. He suspected the petitioner to be a person of dubious character. He forthwith conducted his personal search and recovered Charas weighing, 150 grams from his possession. Accordingly criminal law was set into motion by him by getting the aforementioned case registered-against him:

3. Earlier, petitioner was declined post-arrest bail by a learned Additional Sessions Judge at Pindi Battian through his order, dated 2-9-2003 on the basis of multiple reasons contained therein. Now by filing the instant petition he has approached this Court seeking same relief.

4. Learned counsel for the petitioner in his attractive arguments to this Court puts the matter like this:

(i) That the complainant was on visiting terms with the petitioner. He was forbidden to visit any more because of his objectionable activities. This caused annoyance to him and he out of malice aforethought fabricated this case against the petitioner. (ii) That the petitioner has never been accused of a criminal act of like nature in the past and may be allowed bail because the offence is punishable with seven years only.

5. Learned counsel for the State resisted this bail petition, but candidly conceded that the petitioner is not involved in such like cases and does not have a chequerred record.

6. Both the sides have been heard at length. We have no hesitation in saying that if. a person develops enmity with a policeman, he has no chance to escape his wrath. It could not be controlled by the adversaries that the police official was on visiting terms with the petitioner-and was restrained by him to pay any more visits to his house. Owing to this fact, he became inimical towards the petitioner and behaved like a King Cobra to sting him in this manner. Only the police people have been cited as witnesses in the case. No independent disinterested witness was brought forward to support theory propounded by the police party.

7. We are of the firm view that allegations brought against the petitioner call for a further probe. He is not a previous convict and there is no likelihood of his jumping the bail in any manner. Maximum sentence provided for the offence is seven years. In these circumstances, we are inclined to allow him bail.

8. Accordingly, by accepting this application, we hereby direct that the petitioner be released from custody subject to his furnishing bail Bonds in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of trial Court. H. B.T ./A-1028/L Bail granted.