Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 497---Bail---Points to be considered by Court while dealing with bail application enumerated. While granting bail or otherwise, the Court is required to consider the following facts:--- (a) Whether there is or is not a reasonable ground for believing that the accused has committed the offence with which he is charged? (b) Whether the case requires further enquiry into the guilt of commission of non-bailable offence within the scope of section 497(2), Cr.P.C.? (c) Whether the accused is minor, woman, sick or infirm person? (d) The nature and gravity of the charge. (e) The severity or degree of the punishment which might follow in the circumstances of the case on conviction. (f) The danger of the accused absconding if he is released on bail. (g) The danger of witnesses being tampered with. (h) the danger of the alleged offence being continued or repeated. (i) The character, the means and standing of the accused. (j) An opportunity to the accused to prepare his defence. (k) The accused has already been in jail for a considerable period and the trial is not likely to conclude in near future at least. (l) Bail should never be withheld as a punishment. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Control of Narcotic Substances Act (XXV of 1997), S.9(b)---Constitution of Pakistan (1973), Art.185(3)---Possession of narcotic---Cancellation of bail, refusal of---Cocaine weighing only 120 grams having been secured from the possession of accused, the offence would fall under S.9(b) of the Control of Narcotic Substances Act, 1997, entailing -maximum imprisonment for seven years---No Chemical Analyzer's report about the recovered material was available---Neither any allegation of abscondence was made against accused, nor any such plea had been taken in the petition---All the witnesses being officials, prima facie no question of tampering with the evidence would arise---Accused was not stated to be previously involved in a similar offence---High Court had justly and fairly exercised its discretion in granting bail to accused---Impugned order had neither violated any principle for grant of bail, nor the same was…

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