Fazal-e-Miran Chauhan, J.--This is a second bail application. First bail application was dismissed on merits on 4.9.2007 vide Crl. Misc. No, 4800-B/2007. However, the learned trial Court was directed to conclude the trial within three months.
2. The learned counsel seeks post-arrest bail of the petitioner in F.I.R. No, 52/2007 dated 23.1.2007 under Sections 6/9-B C.N.S.A. The FIR was registered at Police Station Liaqat Abad, District Lahore.
3. Briefly, according to the FIR the petitioner was arrested on a secret information while selling Charas. in pursuance of a raid he was found in possession of 1000 grams Charas contained in a shopper. The petitioner was found guilty during the course of investigation and challaned on 5.2.2007. The charge was also framed.
4. The learned counsel insists that since trial could not be completed within three months, therefore, in view of the points raised in the earlier bail application coupled with new points raised today, this bail application deserves to be allowed.
5. On the other hand, learned counsel for the State submits that the petitioner's bail application has already been dismissed on merits and there is no fresh ground available to him. He also emphasized the need to consider relevance and legal effect of Section 51 of C.N.S.A. 1997 while deciding this bail application.
6. The learned counsel has appended the order sheet of the trial Court which shows that charge was framed on 17.5.2007 and the prosecution was directed to adduce its evidence on 8.6.2007. The evidence was not available on 8.6.2007, 28.6.2007 and 17.7.2007. A serious notice was taken by the learned trial Court on 4.8.2007 resulting in attachment of salaries of PWs.Their non-bailable warrants were also issued. On 24.9.2007 two PWs were present but their statements could not be recorded in view of request for adjournment made by the accused. Similarly on 12.10.2007 three PWs were present for recording their statements but on request of the accused, their statements could not be recorded. On 24.10.2007, again three PWs namely Muhammad Amir 5122/C, Munir Ahmad SI and Abid Munir 15707/C were present but they could not be examined as the counsel of the accused was not available. On 13.11.2007, again witnesses Abid Munir Constable, Munir Ahmad SI and Muhammad Imran SI were present but they could not be examined as the learned trial Judge (Addl. Sessions Judge) was on leave. On 5.12.2007 PW Abid Munir was present but he could not be examined as the accused made request for the grant of an adjournment.
7. The above orders of the trial Court show that entire blame of delay cannot be attributed to the prosecution, conduct of accused is also blameworthy and the present (second) bail application cannot be allowed on ground of delay. Even otherwise after framing of charge and at stage of recording of evidence, normally bail is not granted in narcotics cases. Section 497 Cr.P.C. requires to be read in conjunction with Section 51 of C.N.S.A.
8. For the reasons noted above, we dismiss this bail application.