' NOOR-UL-HAQ N. QURESHI, J.---Muhammad Waseem alias Padri son of Muhammad Hussain, petitioner herein seeks post-arrest bail in case F.I.R. No. 472 dated 15-12-2013, under section 9(c), C.N.S.A., 1997, Police Station Aabpara, Islamabad.
2. Brief facts of the case are that on spy information, Tahir Khan SI along with police party of Police Station Aabpara, conducted a raid at the house of petitioner/accused, apprehended him and during his search recovered 2150 grams charas wrapped in two packets, in shape of four LITTARS.
Out of the recovered charas two samples, each weighing 10-grams, were prepared for chemical analysis. The accused/petitioner was arrested at the spot and aforementioned case was registered against him.
3. The petitioner was refused bail by the learned Additional Sessions Judge-West, Islamabad vide order dated 22-2-2014; hence, the instant bail petition.
4. Learned counsel for the petitioner has argued that the petitioner is innocent and has been falsely implicated in this case, on the behest of his ex father-in-law Malik Kausar Mehmood. Malik Kausar Mehmood concocted this case against the petitioner through his first cousin, who is SHO of the concerned Police Station. Allegedly, two samples were obtained out of the recovered charas and it is not clear that how much quantity from each LITTAR had been taken for the purpose of chemical analysis. Furthermore, the samples of contraband allegedly recovered from the petitioner had neither been sent for chemical analysis nor any report had been obtained. The petitioner is, therefore, entitled to the concession of bail.
5. On the other hand, learned Standing Counsel resisted the bail application and contended that the petitioner/accused is involved in a heinous offence and huge quantity of charas has been recovered from his possession; as such prima facie case exists against the petitioner, therefore, he is not entitled to the concession of bail.
6. We have heard learned counsel for the parties and have also perused the record.
7. The petitioner has mainly agitated his false implication due to enmity with his ex father-in-law Malik Kausar Mehmood, the first cousin of the SHO of concerned Police Station. It is also noted, that two samples, each weighing 10-grams, have been separated from two packets, containing four LITTARS, without specifying that how much quantity was taken from each of the LITTARS. Besides such facts noticed on record, it is also observed that report of Chemical Examiner has not been obtained to substantiate the allegations levelled against the petitioner, even after lapse of more than four months. In view of these observations, we find it as a case of further inquiry; therefore, we are of the view to enlarge the petitioner on bail.
8. Resultantly, instant bail petition is accepted and the petitioner be released on bail, provided he furnishes bail bond in the sum of Rs.200,000 (Rupees Two lac) with one surety, in the like amount to the satisfaction of the learned trial Court.