1477/2024 Cr.Bail Mst. Yasmeen W/o Zulfiqar Ali (Applicant) V/S The State (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 23-JUL-24
According to the case of the prosecution, 560 grams of Heroin was recovered from the applicant, not only because the quantity of 60 grams exceeds the upper limit of 500 grams to bring the case within the prohibition contained in section 497(1) Cr. P.C. The Supreme Court in such circumstances granted post-arrest bail to the lady accused, keeping in view the (II) Proviso of Section 497 Cr. P.C. in the case of Mst. Kainat Bibi v. The State (2022 SCMR 609). The Supreme Court also in the case of Ateebur Rehman v. The State (2016 SCMR 1424), which involved the recovery of 1014 grams of heroin, and Ayaz Khan and another v. The State (2020 SCMR 350), which involved the recovery of 1100 grams of heroin, granted bail in both cases. In the present case, the guilt or innocence of the applicants is yet to be determined by the trial Court. The prosecution has not placed any material to establish that the applicant is a previous convict, mere involved in the same and similar offenses in the past cannot be a ground to refuse bail as this case can be decided on merit, therefore past record cannot be cited as precedent to refuse bail on this point.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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