2004 PLP 48 (YLR)

‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), Ss.380/440/454/148/149‑‑‑Bail, grant of‑‑ Special circumstances of enmity existed between police and accused which was evident from the fact that another case under S.9(c) of Control of Narcotic Substances Act, 1997 was registered against the accused on the behest of brother of S.H.O. concerned and two police officials who were witnesses in that case in which accused were acquitted, were also recovery witnesses in the present case against the accused‑‑‑Prima facie, case of bail had been made out by the accused‑‑ Accused was admitted to bail, in circumstances. Zafar Iqbal Chohan for Petitioner. Date of hearing: 19th May, 2003. KHAWAJA MUHAMMAD SHARIF, J.‑‑‑In support of this bail petition, learned counsel submits that in fact Latif Butt against whom the present petitioner had lodged a case vide F.I.R. No.195, dated 24‑10‑1997 under sections 10/11 of the Ordinance VII of 1979 is brother‑in‑law of Muhammad Younas Butt, D.S.P. who was posted as S.H.O. Police Station, Satghara, District Okara in 1999 and 2000 and now is posted as D.S.P. Investigation Centre, Okara. Thereafter the said Latif Butt got a case registered vide F.I.R. No.245 of 1997 against the petitioner and his other brothers under sections 380/440/454/148 and 149, P.P.C. Then a case vide F.I.R. No.355 of 2001 under section 9(c) of CNSA, 1997 was registered but the petitioner and his brother were acquitted by the learned Sessions Judge, Okara vide judgment dated 16‑11‑2002. It is submitted in this case Muhammad Shoaib, A.S.‑I. and Muhammad Ashfaq, H.C. were the recovery witnesses and in the instant case in which the bail is being sought, both these persons are also the witnesses. According to learned counsel, the case of the petitioner is one of further inquiry within the meaning of subsection (2) to section 497, Cr.P.C. and the petitioner is entitled to bail.

3. Learned counsel for the State submits that huge quantity of Charas was recovered from the petitioner and that the offence falls within the prohibitory clause of section 497(1), Cr.P.C.

4. Heard. It is a case in which there was special circumstances, that is, enmity between the Police and the present petitioner and same has been proved by learned counsel for the petitioner by submitting registration of F.I.Rs. and acquittal of the petitioner and his brothers in a case under section 9(c) of CNSA, 1997 by learned Sessions Judge, Okara vide judgment dated 16‑11‑2002. Without commenting arty further, ire are prima facie of the view that a case for bail is made out in favour of the petitioner. He shall be released on bail on furnishing bail bonds in the sum of Rs.One lac with two sureties each in the like amount to the satisfaction of the trial Court. H.B.T./A‑986/L Bail granted.