' SARDAR MUHAMMAD SHAMIM KHAN, J. -Through this petition,. The petitioner (Syed Aftab Sherazi, Advocate) seeks post-arrest bail in case F.I.R. No, 30, dated 13.4.2016, registered under Sections 9(c), 15, 17 and 32 of the Control of Narcotic Substances Act, 1997 at Police Station, ANF, District Lahore.
2. The allegation against the petitioner is that 2 k.g. Charas, electric scale, sale proceed and jewellery, etc. Were recovered from his possession.
3. We have heard the arguments advanced by the learned counsels for the parties and perused the record.
4. The petitioner has moved this bail after arrest petition mainly on the medical ground and only tentative assessm ent is required at this stage. The petitioner was arrested on 13.6.2016 and since then he is behind the bars. A medical report was requisitioned by this Court from the Medical Superintendent, Punjab Institute of Cardiology, Lahore which is reproduced as under:- "Patient Syed Aftab Hussain Sherazi 72 years male was examined by the Special Medical Board.
The Board advised Blood investigations, X-Ray Chest PA and Echocardiography tests which were done on the same day and "Coronary Angiography" test appointment was given for 15.7.2006 which could not be done because the patient was having Anaemia for which he was given blood transfusion. Then "Coronary Angiogram" was done on 19.7,2016 which showed Triple Vessel Coronary Artery Disease and moderate Left Ventriculer (LV) function. He was presented in "Surgical Committee" which has advised Coronary Artery Bypass Graft" (CABG) Surgery on OPD basis"
5. It is evident from the medical report that the petitioner is 72 years old and has serious heart ailment which cannot be treated satisfactorily in jail. Reliance is placed upon Firdous Paul Vs. The State (2004 SCM R 15).
6. Grant of bail does not mean that an accused has been declared innocent. In the countries following the common law principle, a person is innocent till proven guilty, is strictly applied. The petitioner's guilt will be finally proven on completion of the trial.
7. The petitioner is no more required by the police and there is no apprehension that he will tamper with the evidence.
8. As reiterated above, the instant petition is allowed and the petitioner (Syed Aftab Sherazi, Advocate) is admitted to post-arrest bail, subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- (Rupees two hundred thousand) with two sureties each in the like amount to the satisfaction of the learned Trial Court.