MUHAMMAD SALEEM JESSAR, J. Through this bail application, applicant Mst. Maryam wife of Nouman Ali seeks her release on post arrest bail in Crime No.381 of 2024 of P.S SSHIA, Karachi, under Sections 9(i), 3-C of CNS, Act, 2022. The applicant had filed two post arrest bail application before the trial Court, but her request was turned down by way of orders dated 27.03.2024 and 08.06.2024, respectively. Hence, this application has been maintained.
2, The crux of the prosecution case as unfolded in the FIR are that on 23:03.2024 at about 09:00 a.m., applicant/accused was arrested by SIP Soomar Khan of P.S SSHIA, Karachi from Kachi Abadi Yousuf Sahab Khan Goth near Preshan Chowk Scheme-33, Karachi, on being found in possession of 1020 grams of charas, for which she was booked in the aforesaid FIR.
3. Heard arguments, record perused.
4. Section 9 (1) of the Act provides punishment with imprisonment up to fourteen years and not less than nine years for possessing, importing, or exporting and trafficking 'charas' in contravention of Sections 6, 7 and 8 of the Act for more than 1000 grams and up to 4999 grams in quantity. At the stage of bail, the lesser of two punishments is to be taken into Consideration, as the quantum of punishment could. only be decided by the trial Court after recording of evidence. Reference can be had from the case of Shahzore v. The State (2006 YLR 3176).
5. Admittedly, there is no previous record of the applicant of involving in any crime and being lady she deserves leniency. She is confined in jail since the day of her arrest. The law is very liberal especially when it is salutary principle of law that in the cases where the offences carrying lesser punishment which does not fall within the prohibitory clause of Section 497 Cr.P.C, the grant of bail is a rule while its refusal is merely an exception.
6. It is settled law that every accused would be presumed to be blue eyed person of the law until and unless he/she may be found guilty of alleged charge; and law cannot be stretched upon in favour of the prosecution particularly at bail stage.
7. Under these circumstances, the case of the applicant falls within the scope of bail as contemplated by Section 51 (2) of the Act read with Section 497 (2) Cr.P.C and requires further inquiry. Accordingly, instant bail application is hereby allowed. Applicant Maryam wife of Nouman Ali shall be released on bail subject to furnishing her solvent surety in the sum of Rs.100,000/- (Rupees Hundred Thousands Only) and PR Bond in the like amount to the satisfaction of learned trial Court.
8. It may be pertinent to mention here that the observation(s) made hereinabove is/are tentative in nature and shall not prejudice the case of either party during trial. However, if the applicant is found misusing the concession of bail, learned trial Court may proceed against her.