' The petitioner namely Shaukat Ali seeks post-arrest bail in case FIR No, 39 dated 21st of October, 2016 under sections 9(c) and 15 of The Control of Narcotic Substances Act, 1997 (hereinafter referred as "C.N.S.A., 1997"), registered at Police Station ANF District Faisalabad.
2. As per allegations contained in the FIR, on spy information a raid was conducted, in pursuance thereof, Charas weighing 4800 grams each was recovered from Abdul Basit and Feroz Khan, whereas petitioner was apprehended from the place of recovery being in the company of his co- accused Feroz Khan.
3. Heard. Record perused.
4. It is an admitted position on the record that no recovery was effected from the person of the petitioner. He was arrayed as accused merely on the fact that he was accompanying his co- accused namely Feroz Khan from whose possession Charas weighing 4800 grams was recovered.
It is prosecution's own case that co-accused Abdul Basit while driving Car No, LXD-604 arrived at the venue of recovery and in the meanwhile co-accused Feroz Khan along with petitioner came there. Feroz Khan received a polythene bag from Abdul Basit which when searched contained 4800 grams Charas whereas rest of Charas weighing 4800 grams was recovered from beneath the driving seat on the pointation of Abdul Basit.
5. At bail stage, only tentative assessment of the material available is required and deeper appreciation is not permissible. We have noticed that prosecution has failed to bring on record any tangible material connecting the petitioner with the alleged crime. Mere being in the company of co-accused at a thoroughfare is not sufficient to hold the Petitioner guilty of the crime. Though section 15 of C.N.S.A., 1997 was also levelled in the FIR but the question of active involvement of the petitioner in the crime in order to establish that he has assisted his co-accused in any manner is to be determined at the time of trial after recording of evidence. We are thus, of the considered view that the case of the petitioner clearly falls within the ambit of further inquiry and probe and he is entitled to be released on bail on this score alone. Reliance is placed on the case of Jamal-ud-Din alias Zubair Khan v. The State (2012 SCM R 573).
6. The petitioner was arrested on 21st of October, 2016 and still awaiting his trial, the conclusion of which is not in sight in near future. Thus keeping the petitioner behind the bars for an indefinite period would serve no useful purpose.
7. For what has been discussed above, we are inclined to allow the instant petition and enlarge the petitioner Shaukat Ali on post-arrest bail subject to furnishing his bail bonds in the sum of Rs,1,00,000/- (Rs, One lac only) with Two sureties in the like amount to the satisfaction of learned trial Court.
8. Needless to observe that the observations made hereinabove are only tentative in their nature and are strictly confined to the extent of grant of instant bail.