' SH. JAVED SARFRAZ, J.--- Petitioner seeks bail after arrest in case F.I.R. No,396 of 2005, dated 28-12- 2005 under Articles 3 and 4 of Prohibition (Enforcement of Hadd) Order, 1979, registered at Police Station Muzaffarabad District Multan.
2. The allegation against the petitioner is that he has installed a factory for manufacturing liquor.
Upon raid the petitioner was found indulging the preparing liquor and 60 litres of liquor and other distillery articles were taken into possession.
3. Learned counsel for the petitioners submits that the petitioner is innocent and has been involved due to extra-judicial confession and no recovery has been effected from the petitioner; that no private witness has been associated; the Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 is bailable while Article 3 does not fall within the prohibitory clause of section 497, Cr.P.C. And prays that the petitioner be admitted to post-arrest bail.
4. On the other hand learned counsel for the State has vehemently opposed the bail application.
5. The allegation against the petitioner is that he installed a factory for manufacturing liquor and 60 litres of liquor has been recovered from the petitioner out of which 10 ounce was sent to the Chemical Examiner on 30-12-2005 for his report, which has not been received so far. Thus, a case of further inquiry has been made out. Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 is bailable while Article 3 does not fall within the prohibitory clause of section 497, Cr.P.C. And in suchlike cases it has been held in Tariq Bashir and 5 others v. The State PLD 1995 SC 34 that the offences, which do not fall within the prohibitory clause, bail should be granted as a rule while refusal thereto is an exception. In this case the challan was also been sent to the Court but the evidence has not yet commenced and there is not likelihood of conclusion of the trial in the near future and the petitioner cannot be kept behind the bars for an indefinite period as in criminal jurisprudence there is no concept of punishment before conviction.
6. For what has been discussed above, this petition is accepted and the petitioner namely Abid Ali is admitted 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 learned trial Court.