Seeks post arrest bail in case FIR Nor 64 of 2011, registered under Articles 3 and 4 of The Prohibition (Enforcement of Hadd) Order-IV of 1979, at Police Station Abdul Hakeem District Khanewal.
3. Allegation in brief against the petitioner is that on receipt of spy information a raiding party headed by Khalid Mehmood, S.I/SHO, Police Station, Abdul Hakeem conducted raid at pointed place and the petitioner was arrested. Liquor weighing 75 liter and distilling instruments were recovered from the possession of the petitioner.
4. Heard adversaries and perused the record.
The learned counsel for the petitioner maintained that the petitioner has been falsely implicated in the present case, having enmity and rivalry with the local police. Contended that despite spy information no attempt was ever made at the instance of the complainant to associate person from the public at large. With this background violation of Section 103 of The Code of Criminal Procedure 1898 was heavily pleaded. Argued that the petitioner is in the judicial lock up since 08.04.2011 and is no more required by the police.
On the other hand, learned D.P.G while opposing the bail petition maintained that the petitioner is nominated in the FIR. Argued that distilling instruments were recovered from the possession of the petitioner. Further submitted that since challan has been submitted before the learned trial Court, therefore, the petitioner is not entitled to the concession of bail and the direction can be issued to the trial Court for conclusion of trial expeditiously.
5. Though the petitioner is nominated in the FIR and distilling instruments were recovered at the instance of the petitioner but nevertheless offence under Article 3 of The Prohibition (Enforcement of Hadd) Order-IV of 1979 does not fall within prohibitory clause. Grant of bail is a rule and refusal is an exception-in-cases not falling within the prohibitory clause unless and until thee are exceptional circumstances to with-hold the concession of bail. The prosecution failed to point out any such exceptional circumstances. The petitioner is not previous convict He is in the judicial lock up since 08.04.2011. Conclusion of trial is not in-sight in near future.
6. Pursuant to above discussion, application for post arrest bail is accepted and petitioner is admitted to bail subject to his furnishing of bail bonds in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.