Petitioners seek post arrest bail in criminal case FIR No, 341/2012, dated 26.06.2012, registered under Sections 3 and 4 of Prohibition (Enforcement of Hadd) Order, 1979 at Police Station City Mianchannu, District Khanewal.
2. An over-speeding car being driven by the Petitioner No, 1 accompanied by Petitioner No, 2, Muhammad Rafiq, was intercepted, searched and 538 bottles containing liquor were recovered.
The petitioners were apprehended. The samples were sent for chemical analysis.
3. It is contended by the learned counsel for the petitioners have no history involving in any criminal case, previously; that Section 4 of the Order ibid is bailable while Section 3 is punishable with an imprisonment for five years only, thus, it does not fall within the prohibitory clause of Section 497, Cr.P.C.
4. On the other hand, grant of bail is opposed by the learned A.P.G. It is contended that a huge quantity of liquor has been recovered from possession of the petitioners and that they were apprehended at the spot.
5. I have heard learned counsel for the petitioner, learned APG and also gone through the record.
Section 4 of the Order ibid is bailable and Section 3 is punishable with in imprisonment for five years. In suchlike case, grant of bail is a rule and refusal an exception. The samples though sent yet the result of the chemical analyst is still awaited. The challan of the case has been submitted in the Court. Incarceration of the petitioners for an indefinite period would not service any useful purpose of law. This petition is accepted and the petitioners are admitted to bail subject to their furnishing bail bonds in the sum of Rs,50,000/- with one surety in the like amount each to the satisfaction of