bakhti Amin VS The State.

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JUI)GMENT SHEET

IN THE PESHAWAIITUCU COURT,

MINGORA BEI{CH (DAIR-UL-QAi| A), SWAT I (Judicial Departmen)

Cr.M B.A. No. 325-Ml20V

JT]DGMENT

Date of hearing: 09.08.2017.

Petitioner:- (B"akhti Amin b Mr. Abid, Advocate.

Respondcnts :- (the State & I anothc,) bv Mr Rslio Ahmad,,t 'stt: Atlvocate Generul MOIIAMMAD IB J.- This Petitioner is an accused in case FIR No. 927 dated 03.07.2017 charged under ser:tion 9 (C) CNSA register,:d at Police Station Nawagai District Buner znd is optiinistic for 1he grant of his post arrest b.ril

2 The Petitionel has prev:ously been l refused bail by the orcler dated 1l'07'2017 passed by tht learned Additional Sessions Judge-Il/tzafi ZrlaQazi Buner at Dag,ger' ) 3. On perusal of the impugtred order, it rV r would reveal that the Petitioner 'was earlier

ATTEST

booked in case:; of the comm'| ission ,rf gambling [] xrrrti e Pes ha$ ai ililllr Cou Bench and being in pc,ssession of Chars wers sentenced SwaL rll roora/D:rr-Ltl'O:izr'

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' to meagerr amou'nt of Rs. 300/-, Rs. 400/- ancl Rs. 1,000/- in all,r;uch cases approxinrirtely.

4 The Murasila led to lodging of the First Information Report'tvould reveal that the Petitioner was coming from a place known as Khadoo on mot,lrcycle wiren he was alighted There was a ba6 hanging llear the safeguard of the motorcycle when it was opgned Chars weighing 1450 grams were recoverr:d' Out of i

which, l0 grams were separated fo: chemical analysis while the rest 14'10,grams rirere sealed into another pa.:cel. Motorcycle was taken in possession and this acr;used/Petitloner was arrested.

5.The quantitY even if 't is 1450 t grams Chars, thr.: samples sent were fllund Chars by the Forensic Science l-aboratory r1:port, yet it is a border line >ase. The I'etitioner rvas refused bail b1' the leirned trial Court rn':re on the *). ground that he xas previ<'us convici, but at the t'- .r-rYf-..Yf r\: I I:.j i :- time when this' bail orcler was cat'ried-out the I .'.lill FSL report was,not availa;llel'on the :eccrd' The ,i'.. L .'].1,:] ij, ,,

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ia photocopy. uo{ FSL, repgft is.q now received furnished by tht: learned A.A.G. for the State.

There had never been a .dressed trial ever conducted by thr: Court having jurisdiction. The orders of the learned trial Court were mere delivered on the basis of pleading the guilt by the Petitioner rvhich is a practicei generally conducted by Courts to whisk off from lengthy trials.

6 The Petitioner is entitled to the concession of bail. Henge he is asked to furnish bail bonds in the sum of Rs. 100,000/- (Rupees one lac) with ,:wo sureties each in the like amount to the satisfaction of leal'ned Trial CourUMOD, who shall ensure that the sureties are local, reliabkr and men of means. l These ate the reasons of my short order of even dale.

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Announced i-'' Dt: 09.08.2017 JTUDGE

Certified to be true coPY

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