Yasin petitioner seeks his post-arrest bail in case FIR No, 270 dated 27.7.2003 registered u/S. 3/4, of Prohibition (Enforcement of Had) Order of 1979 at Police Station City, Burewala.
2. Learned counsel for the petitioner has argued that petitioner is absolutely innocent and has been involved in this case falsely and in fact nothing was recovered from him. Further submits that petitioner is behind the bars since his arrest on 27.7.2003 and no more required for investigation and prays for release of the petitioner on bail.
3. Conversely learned State counsel has opposed the grant of bail.
4. I have heard the learned counsel for the parties and also perused the record. Bare perusal of the FIR does not inspite confidence and seems to be concocted story prepared by the police in order to show their efficiency. It has also been noticed that till today the report of the chemical examiner has not been received back. Whether contents of the bottle waste liquor or otherwise is yet to be determined. It has also been noticed that a raid was conducted and the petitioner was allegedly apprehended from a public place but none from the public place was associated with the proceeding by the police which also casts doubt in the veracity of the prosecution version. Record is also silent regarding the allegation that the petitioner was selling the liquor at that time when he was apprehended. At the most he was in possession of some substance, nature of which is yet un- known. Keeping all these facts into consideration. I am of the view that case is not free from doubt, therefore, falls within the ambit of Section 497 Cr.P.C. entitling him to be released on bail. Hence I allow this petition and admit the petitioner to bail subject to his furnishing bail bonds in the sum of Rs, 50,000/- with one surety in the like amount to the satisfaction of the trial Court.