Muhammad Yasir Vs The State

JUDGMENT SHEET

IN THE PESHAWAR HIGH COURT,

D.I.KHAN BENCH

(Judicial Department)

Cr.MBA.No.99-D/2025

Muhammad Yasir

Versus

The State

JUDGMENT

For petitioner: Muhammad Yousaf Khan, Advocate.

For State: Mr. Ahmad Abu Hanifa Gandapur, Asstt: A.G.

Date of hearing: 28.02.2025.

INAM ULLAH KHAN, J.- Petitioner Muhammad Yasir son of Atta Ullah seeks post arrest bail in case FIR No.24, dated 13.02.2025, under Sections 9(c)/11(b), K.P CNSA, 2019/ 15 AA, of Police Station Yarik, D.I.Khan, earlier declined to him by the learned Additional Sessions Judge-III, D.I.Khan, vide order, dated 18.02.2025.

2.The prosecution story, as alleged in the FIR, is that on 13.02.2025, at about 1600 hours, at Dera- Bannu Road near Yarik Toll Plaza, the police intercepted a passenger flying coach. They found the petitioner in suspicious condition, therefore, he was alighted from the flying coach. He was having a shopper in his hand containing 400 grams

contraband ice and 200 grams charas. Similarly, personal search of the petitioner was conducted and one 30 bore pistol without number alongwith fit magazine having 06 live rounds of 30 bore was recovered from his trouser-fold for which he could not produce any valid license. The process of recovery was captured in a mobile phone via video recording and saved in a memory card. The circumstances of the incident were duly documented leading to the registration of the aforementioned FIR.

3.Arguments heard and record perused.

4.Copy of register-19, available on file, reveals that on 13.02.2025, the I.O handed over the alleged recovered contraband and its samples to the Moharrir of the P.S. Copy of application, dated 13.02.2025, reveals that the samples were dispatched to the FSL Peshawar after the delay of 07 days, vide receipt No.34, dated 20.02.2025, through Constable Fazal Hussain. Under the rules, the samples may be dispatched for analysis under cover of Test Memorandum specified in Form-I at the earliest, but not later than seventy-two hours of the seizure. Copy of register-21 has not been made part and parcel of the record showing that aforesaid Fazal Hussain has taken the samples to the FSL.

Thus, the fact of the safe transmission of the samples to the FSL is to be established or proved by the prosecution during the trial. The record reveals that challan has already been prepared but after lapse of 15 days, the FSL report of the contraband is not available.

5.It is a settled principle of law that bail cannot be withheld as punishment and law cannot be stretched upon in favour of the prosecution particularly at bail stage. (Shabir Ahmed v. The State (2023 YLR Note 35) [Sindh]. Similarly, accused is entitled for benefit of doubt even at bail stage. In this regard reliance is placed on Naveed Sattar v. The State and others (2024 SCMR 205), Muhammad Ejaz v. The State (2022 SCMR 1271), Muhammad Arshad v. The State (2022 SCMR 1555) and Fahad Hussain v. The State (2023 SCMR 364).

6.There is no previous record of the petitioner’s involvement in such like cases.

Investigation in the case is complete and the petitioner is no more required for further investigation, therefore, keeping him behind the bars would serve no useful purpose.

7.Considering the above facts and

circumstances, the case of the petitioner is arguable for the purpose of bail, therefore, this petition is allowed and the petitioner is admitted to bail on furnishing bail bonds in the sum of Rs.2,00,000/- (Rupees two hundred thousand) with two sureties, each in the like amount, to the satisfaction of Illaqa/Duty Judicial Magistrate.

8.Above are the detailed reasons of my short order of even date.

Announced.

Dt:28.02.2025. -Sd/- Imran/* JUDGE

(S.B)

Hon’ble Mr. Justice Inam Ullah Khan