Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 302,324,353,365

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),51

Criminal Procedure Code (V of 1898)--- ----S. 498---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 51---Penal Code (XLV of 1860), Ss.302, 324, 353 & 365---Bail before arrest, refusal of---Complainant had resiled from the story narrated in the F.I.R. and had given a totally new story---Allegation in the F.I.R. was sufficient to connect accused with the crime and recovery of Charas---Huge quantity of Charas could not be falsely foisted upon accused---Deeper appreciation of evidence at bail stage, was neither desirable nor permissible and the facts had to be taken at its face value---Medical report had supported the contents of F.I.R.---No material was available on record to suggest that cross-firing had taken place between accused and the police---Complainant in her F.I.R. had clearly named accused---No cause had been shown for false implication of accused in the bail application---Bail application was to be disposed of on the basis of material available on record and the court was required to form a tentative assessment of the evidence available on record---Accused had failed to establish mala fide on the part of the police---Unless accused established that police wanted to arrest him for ulterior motives, when material was available on record to connect him with the crime, he was not entitled for grant of pre-arrest bail---No reasonable grounds were available for believing that accused had not committed offence falling under the prohibitory clause of S.497, Cr.P.C. and S.51 of Control of Narcotic Substances Act, 1997---No ground with regard to bail before arrest having been urged, applications for grant of pre-arrest bail, were dismissed. Qadir Bakhsh and 5 others v. The State 2006 PCr.LJ 1251; Muhammad Farooq Khan v. The State 2007 PCr.LJ 89; Naseer Ahmed v. The State PLD 1997 SC 347 and The State through Force Commander ANF Rawalpindi v. Khalid Sharif 2006 SCMR 1265 rel. THIS ORDER PASSED BY: NADEEM AZHAR SIDDIQI, JUSTICE---.--- The aforesaid Bail Applications arising out from different crimes viz. 123 of 2006 and 124 of 2006 as allegedly involvement of the present applicant is shown in both crimes and also both crimes are off shoot of…

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