' MALIK HAQ NAWAZ, J.---The petitioner was booked for the above offences vide FIR No,4 of 2016 registered at Police Station ANF, Gilgit.
2. The precise facts of the case are that the petitioner was arrested by ANF officials from river view road and on his personal search "Charas" weighing 300 grams was recovered from his possession.
The concession of bail was denied to him by the trial Court and he has approached this Court for the same relief.
3. The learned counsel for the petitioner submitted at bar that the prosecution's allegation if admitted at its face value, the maximum punishment provided for the offence is only seven years, which does not attract the prohibition contained in section 497, Cr.P.C. The learned counsel further submitted that the petitioner is first offender and no more required for the purpose of investigation and challan of the case has been put in the Court, which will consume a long time and no useful purpose will be served if the accused is detained in jail for an indefinite period.
4. On the other hand the learned Special Prosecutor opposed the bail by saying that the petitioner was caught red handed and no ill will or animosity is attributed to the ANF official for his false involvement in the case.
5. We have heard both the learned counsel and without commenting on the merits/ demerits of the case, we are of the view that since the offence entails only a punishment of seven years, which does not fall within the prohibitory clause of section 497, Cr.P.C., the accused/ petitioner is entitled for the grant of bail, as his case does not fall within the exception mentioned in PLD 1995 SC 34.
6. We in the result of above discussion vide our short order dated 23-062016 allowed bail to the petitioner which reads:-- ' The instant bail petition is accepted. The petitioner / accused be released on bail subject to his furnishing bail bonds in the sum of Rs, 1,000,000/- (ten lac only) with two sureties each in the like amount to the satisfaction of trial. Court."
7. The instant petition is disposed of accordingly. File.