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2006 YLR 2388

MUHAMMAD WASEEM alias BUBBLE vs THE STATE

Citation2006 YLR 2388
CourtLahore High Court
Case No.Criminal Miscellaneous No,394-B of 2006
Date2006-03-21
Judge(s)Fazal-e-Miran Chauhan
ResultBail granted

ORDER

' FAZAL-E-MIRAN CHAUHAN, J.---The petitioner has sought post-arrest bail in case F.I.R. No,160, registered with Police Station Haram Gate, Multan on 30-12-2005 for an offence under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979.

2. Succinctly, as per F.I.R., the allegation against the petitioner is that he was caught red-handed while he was in possession of 21 small bottles and 19 large size bottles of liquor.

3. Learned counsel for the petitioner contends that the petitioner has falsely been involved in the instant case; that the petitioner is behind the bars for the last three months and no private witness has been associated in the recovery proceedings.

4. Conversely, learned counsel appearing on behalf of the State has opposed this bail application.

5. I have heard learned counsel for the parties and have gone through the record. It has been noticed that the complainant has violated the provisions of section 103, Cr.P.C. With impunity; prima facie, the offence with which the petitioner has been involved does not attract the provisions of prohibitory clause of section 497, Cr.P.C.; the report of the Chemical Examiner is yet to be received.

The guilt or otherwise of the petitioner would be determined by the learned trial Court after recording of evidence. In the circumstances, the petitioner is admitted; to bail subject to his furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.

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