HIGH COURT OF SINDH AT KARACHI

PRESENT:

Mr. Justice Abdul Maalik Gaddi

Mr. Justice Amjad Ali Sahito

Criminal Misc. Application No.124 of 2017

Applicant : The State/ANF

through Ms. Abida Parveen Channar,

Special Prosecutor.

Respondent : Muhammad Asim Khan,

(none present)

Date of hearing : 10.04.2019

Date of Order : 10.04.2019

O R D E R

Abdul Maalik Gaddi, J.– Muhammad Asim Khan son of Yousuf Zada Ghouri (Respondent) stands charged for having committed an offence punishable under section 9(c) of Control Narcotics Substance Act, 1997, vide FIR No. D0307015/2017 of P.S ANF-II, Karachi.

2. It appears from the record that the respondent was granted bail after arrest by the learned trial Court vide his order dated 10.05.2017. Hence, this Criminal Miscellaneous application has been filed by the applicant/ANF for cancellation of bail.

3. Ms. Abida Parveen Channar, Special Prosecutor ANF has submitted that as per allegations mentioned in the FIR, there are reasonable grounds to believe that the respondent/accused is/was guilty of the offence with which he stands charged; that the story described in the FIR is very much true, genuine and applicable to the prudent mind; that specific role has been assigned to the respondent/accused in the FIR and at the time of his arrest 1000 grams Methamphetamine was recovered from his possession in presence of Mashirs, who have not inimical terms with the present accused. According to him, Methamphetamine is/was very dangerous drug to health of human lives, therefore, grant of bail in favour of the accused, under the aforementioned facts and circumstances, was not justified.

4. We have heard the learned Special Prosecutor, ANF and perused the documents so made available before us. Whereas none present for respondent.

5. On a close scrutiny of the material placed on file, we are of the tentative opinion that prima facie reasonable grounds do not exist for believing that the respondent has committed the offence. The reasons for granting bail to the respondent are quite sufficient/convincing and the learned trial Court through the impugned order has recorded a speaking order. In the circumstances, we do not see any justification as to why the discretion exercised by the Presiding Officer of the trial Court judiciously be interfered with by this Court.

6. It further appears from the record that this matter pertains to year 2017 and nothing on record to show that the respondent has ever misused the bail already granted in his favour. However, progress report dated 02.3.2019 of the case submitted by the Presiding Officer of the trial Court is on record showing that till to date not a single witness has been examined by the prosecution. Nothing on record whether the case was ever adjourned at the instance of accused.

7. Even otherwise, strong and exceptional grounds are required for the cancellation of bail granted by the Court of competent jurisdiction because provision of Section 497(5), Cr.P.C is not at all punitive. Resultantly, there is no legal compulsion even for the cancellation of the bail granted in cases which are punishable with death/life imprisonment/imprisonment for ten years. No exceptional circumstances have been pointed out by the learned Special Prosecutor ANF for cancellation of bail in this matter. It is pertinent to mention here that mere heinousness or gravity of offence, itself, is no ground for the refusal of bail. Once bail is granted by the lower court, then it needs some strong or cogent reasons for cancellation of bail, which is missing in this case.

8. Additionally, accused is not to be deprived of the benefit of bail whenever reasonable doubt arises about his participation in the crime or about truth/probability of the prosecution case. In such a situation, it would be better to keep him on bail than in the jail during period of the trial and personal liberty granted to him by a Court of competent jurisdiction, therefore, grant of bail should not be snatched away from him unless it becomes necessary to do so under the law. During course of the arguments, we have specifically asked the question from learned counsel for the applicant/ANF to point out any illegality or to show any exceptional circumstances to recall the bail order already in favour of accused, she has no satisfactory answer with her.

9. In the circumstances, we are of the view that this Criminal Miscellaneous Application for cancellation of bail, is without any substance and the same is accordingly dismissed along with listed application. Office is directed to immediately send the copy of this order to trial Court for information.

J U D G E

Zulfiqar/PA*