Muhammad Shehzad, the petitioner, by submitting the instant application has sought post-arrest bail in the case FIR No, 449/2008 dated 27.9.2008 registered at Police Station Makhdoom Rasheed, District Multan, in respect of the offences under Sections 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979.
2. Precisely the prosecution's story as narrated in the F.I.R is that on a tip off; a raid was conducted by a police party headed by Ghulam Rasool Tahir, S.I., in Basti Qatar Mauza Habibabad. As a consequence of the said raid the petitioner along with his co-accused were allegedly found distilling indigenous liquor. The raiding party succeeded to apprehend the petitioner, whereas, Rana Tariq, co-accused, statedly succeeded to make good his escape. The raiding party took into possession the distilling material besides 15 liters indigenous liquor.
3. Heard. Record perused.
4. I have straightaway- noticed that none of the offences allegedly committed by the petitioner falls within the prohibitory clause of Section 497, Cr.P.C. It is not denied by the learned Deputy Prosecutor General that the petitioner is debutante in this field, as no case prior to this one stands registered against him. The investigation has already been completed. The petitioner has been suffering pre-trial punishment since 27.9.2008. Therefore, no useful purpose would be served by detaining him in jail, any more. Consequently, while placing reliance on the case of Tariq Bashir and 5 others v. The State (PLD 1995 SC 34), the application in hand is accepted and the petitioner is allowed concession of post-arrest bail subject to his furnishing bail bonds in a sum of Rs,50,000/- (rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court.