FIAZ AHMAD ANJUM JANDRAN, J. Through instant petition under Section 497 Cr.P.C, petitioner (Jeva) seeks post-arrest bail in F.I.R No. 85, dated 07.03.2021, registered under Section 9-C of the Control of Narcotics Substances Act, 1997, at Police Station Shalimar , Islamabad.
2. Briefly , the allegations set-forth in the F.I.R are that on 07.03.2021, at about 03:20 p.m, petitioner was apprehended from the area of Service Road, Corner of Green Belt, Sector F-11/2, Islamabad, on the basis of spy information with polythene shopper containing 1650 grams heroin.
3. Learned counsel for the petitioner contends that case of the petitioner falls within the parameters of borderline criteria; that petitioner is minor , aged about 13 years and is entitled bail to bail under the Juvenile Justice System Act, 2018 (Act of 2018) ; that petitioner is first of fender; that investigation is complete and he is no more required for further probe, therefore, entitled to the concession of bail.
4. Conversely , learned State Counsel contends that petitioner was caught red handed by the police while in possession of 1650 grams heroin, therefore, not entitled to the concession of bail.
5. Arguments heard, record perused.
6. The main ground urged for grant of bail is that at the time of alleged offence, petitioner was juvenile. It was so argued on the proceeding date i.e. 31.03.2021, when it was observed that there was no evidence like date of birth certificate, CNIC, Form "B" or any other related documents, for ascertaining the age of petitioner . It was, therefore, directed for medical examination of the petitioner for the purposes of determination of his age from the PIMS Hospital. In compliance with the direction, petitioner was medically examined, report whereof dated 03.04.2021 is part of record, whereby his bone age on the date of examination i.e. 04.02.2021 was 16 years with 1.96 standard deviation, therefore, apparently he is a juvenile.
7. Record reveals that allegedly 1650 grams heroin in white colour polythene shopper bag was recovered from the possession of petitioner . The quantity of 1650 gram is in excess of marginal side of borderline criteria.
8. Moreover , investigation to the extent of petitioner has already been completed and he is no more required for further probe. In such a situation, further incarceration of the petitioner would serve no useful purpose and the bail cannot be withheld as a punishment. In this respect reliance is placed upon "Manzoor and 4 others v. The State"
(PLD 1972 SC 81 ) wherein the Hon'ble Apex Court held that:- "It is important to remember that bail is not to be withheld as a punishment. There is no legal or moral compulsion to keep people in jail merely on the allegation that they have committed offences punishable with death or transportation, unless reason able grounds appear to exist to disclose their complicity . The ultimate conviction and incarceration of a guilty person can repair the wrong caused by a mistaken relief of interim bail granted to him, but no satisfactory reparation can be offered to an innocent man for his unjustified incarceration at any stage of the case albeit his acquittal in the long run."
9. The petitioner retains no history of like nature offence and this fact has been testified by the Investigating Officer present in the Court, therefore, being first offender , considering the quantity of narcotics substance recovered and considering the ossification test report, case for grant of post-arrest bail is made out.
10. In line with above discussion/findings, tentative assessment of the available record guides to hold that as per ossification test report dated 03.04.2021 petitioner appears to be a juvenile, the quantity of recovered substance is in excess of marginal side of borderline criteria, he is a first offender , investigation to his extent has already competed while there is no chance that trial will be concluded in coming future days, cumulative effect is that petitioner has made out a case for grant of post arrest bail.
11. Consequently , for what has been discussed above, the instant bail petition is allowed , petitioner (Jeva) is admitted to post-arrest bail subject to furnishing bail bonds in the sum of Rs.100,000/- (Rupees one Lakh) with one surety in the like amount to the satisfaction of the learned Trial Court.
12. Needless to mention that this is tentative assessment for the purpose of this petition only, which shall not affect/influence trial of this case in any manner .