Muhammad Hafiz son of Ghulam Ali, the petitioner by filing the instant petition seeks post-arrest bail in case F.I.R. No. 626, dated 12.11.2008, registered with Police Station City A-Division, Rahim Yar Khan for an offence under Section 9(b) of the Control of Narcotic Substances Act, 1997 at the instance of Nazar Hussain, S.I. Of the said Police Station.
2. After hearing the learned counsel for petitioner as well as the learned Deputy Prosecutor-General Punjab for the State and also going through the record, it has been observed that the petitioner had been apprehended by the complainant while allegedly in possession of charas weighing 500 grams, on 12.11.2008 and is behind the bars ever since. He, it is claimed, is not a previous record holder. The true import of the accusation brought against him will be ascertained at the time of trial, which is not in sight in the near future and till such time he cannot be incarcerated as a measure of punishment. Even otherwise, the offence with which he has been charged for the time being does not attract the prohibitory clause of Section 497(1), Cr.P.C.
3. Resultantly, this petition is allowed and the petitioner is admitted to post-arrest bail subject to his furnishing bail bond in the sum of Rs. 50,000/- (Rupees fifty thousand) with one surety in the like amount to be satisfaction of the learned Trial Court.