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Criminal Bail Application No. 234 of 1987, decided on 9th March, 1987.
‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4‑‑Bail, grant of‑‑Statutory ground‑‑250 grams of Heroin recovered from accused‑‑Case remanded by Federal Shariat Court for retrial‑ Accused in jail for abut 16 months‑‑Prosecution not opposing bail on statutory ground‑‑Bail granted in circumstances.
Khawaja Naveed Ahmed for Applicant.
S. Sarfraz Ahmed, A.A.‑G. for the State.
The applicant is facing trial under section 3/4, Prohibition (Enforcement of Hadd) Ordinance, 1979 in Crime No. 49 of 1985. He was arrested on 28‑11‑1985 by Inspector Shoukat Bukhari, of Excise Police Station on spy information that he is in possession of Heroin. The Excise Police on personal search of the applicant recovered 250 grams Heroin from the pocket of his Shalwar. He was tried before the learned Additional Sessions Judge Hudood Court, Karachi (South) and was convicted and sentenced to suffer R.I. for five years, ten stripes, and to pay a fine of Rs.2,000 or in default of payment of fine to further undergo R.I. for six months. The applicant filed appeal against his conviction before the Federal Shariat Court and the case has been remanded back to trial Court vide order, dated 22nd December, 1986. Since the applicant has continuously remained in jail right from .28‑ 11‑ 1985, Mr. S. Sarfraz Ahmed has no objection to the grant of bail on statutory ground.
I, therefore, direct that the applicant be released on bail on his furnishing one surety in the sum of Rs.50,000 with P.R. bond in the like amount to the satisfaction of the trial Court.
S.A./A‑43/K Bail granted.
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