'Through the present petition under section 497(5), Cr.P.C. The State seeks cancellation of bail granted to the respondent by the learned Additional Sessions Judge, Lahore vide order dated 28- 9-2009 in case F.I.R. No, 564/2009 dated 31-7-2009 registered under section 9(c) of the C.N.S.A. 1997 at Police Station Tibbi City, Lahore.
2. Precise allegations against the respondent as per narration of the F.I.R. Are that 1050 grams charas along with Rs,260 (sale money) were recovered from the possession of the respondent.
3. Learned Additional Prosecutor General contends that the bail has been allowed to the respondent by the learned Additional Sessions Judge only after one month and 26 days of the registration of the F.I.R. And that the offence falls under the prohibitory clause of section 497 Cr.P.C.
As such, the respondent was not entitled for the grant of bail and the learned Additional Sessions Judge has illegally granted him bail which is liable to be cancelled.
4. The Investigating Officer is present in the Court and is not ready to take Oath on the Holy Quran that the case was registered against the respondent on true facts. Even otherwise, the criteria for the grant of bail and cancellation of bail is entirely different and the bail granted to the respondent cannot be cancelled only on the ground that the respondent remained in jail for- one- month -and 26th days-. In- such circumstances, we found that the learned Additional Sessions Judge has rightly granted bail to the respondent while exercising his discretion and we have no reason to interfere with the discretion exercised by the learned Additional Sessions Judge. In such circumstances we do not find it a fit case for cancellation of bail of the respondent. The petition has no merit and the same is hereby dismissed.