Iqbal Masih, petitioner seeks post-arrest bail in case FIR No, 283 dated 7.9.2017, offence under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order IV of 1979 registered at Police Station Saddar Multan District Multan.
2. The allegation against the petitioner is that on spy information, a raid was conducted, petitioner along with his co-accused Muhammad Fiaz was arrested and about 900 liters liquor along with apparatus was taken into possession.
3. Heard. Perused.
4. Even per prosecution's case, the liquor was recovered from the joint possession of the petitioner and his co-accused Muhammad Fiaz. No evidence qua the possession over the place of occurrence and its ownership has been collected by the investigation agency so far. The prosecution is not equipped with the report of Chemical Examiner till today. None of the offences alleged against the petitioner falls within prohibitory clause of Section 497 of the Code of. Criminal Procedure, 1898. The petitioner is having no previous criminal record and he is behind the bars since his arrest on 7.9.2017 while conclusion of trial is not in sight. In the circumstances mentioned supra, keeping him incarcerated till indefinite period does not look justified.
For what has been discussed above, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bond in the sum of Rs, 2,00,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court.