1. ' Through this application applicants seek pre-arrest bail in Crime No,69 of 2004 in an offence punishable under sections 3/4, Prohibition (Enforcement of Hadd) Order, 1979 registered at Police Station Bhan on 23-8-2004. The applicants approached the Court of Sessions Judge, Dadu by filing Cr.B.A. No,870 of 2004, but their bail application was dismissed vide order, dated 7-9-2004 by learned Sessions Judge, Dadu, the applicants have filed application before this Court for seeking pre-arrest bail In the above-mentioned crime.
2. ' On 20-10-2004 interim pre-arrest bail was granted subject to their furnishing surety in the sum of Rs,50,000 each and P.R. Bond in the like amount. Mr. Qureshi submits that Article 3 of the Prohibition (Enforcement of Hadd) Order, 1979 was not applicable against the accused whereas Article 4 of the said order is bailable as no recovery was affected from the applicants/accused as the applicants succeeded in escaping from the clutches of the raiding party as disclosed in the F .1. R .
3. ' Learned Assistant Advocate-General has conceded the factual as well as legal position.
4. ' I have heard the arguments of learned counsel for the respective parties. Admittedly Article 3 of the aforesaid order prima facie is not applicable against the applicants/accused whereas Article 4 is bailable one. The contention raised by learned counsel for the applicants carry weight. The raiding party was consisted of 7 persons and it does not appeal to the man of prudent mind that applicants succeeded in escaping from the clutches of the raiding party on the relevant time.
5. ' In view of the above and no objection of the learned State Counsel pre-arrest bail already granted to the applicants vide order, dated 19-10-2004 by this Court is hereby confirmed on the same terms and conditions.
6. ' The applicants are directed to join the trial Court. They are also required to furnish the surety in the same Court.