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PLJ 2019 Cr.C. 482

ALTAF HUSSAIN vs STATE etc

CitationPLJ 2019 Cr.C. 482
CourtLahore High Court
Case No.Crl. Misc. No, 7257-B of 2018
Date2018-12-21
Judge(s)Sardar Ahmad Naeem
ResultBail accepted

ORDER

Altaf Hussain, petitioner seeks post-arrest bail in case F.I.R. No, 433/2018 dated 06.11.2018, under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order IV of 1979, registered at Police Station Saddar Multan.

2. Allegedly , the petitioner was running a distillery and 160 liter liquor was recovered therefrom.

3. After hearing the learned counsel for the parties and perusing the record, it was noticed that the offences with which the petitioner is charged do not fall under the prohibitory clause of Section 497, Cr.P.C. and grant of bail in such like cases is rule and refusal thereto is an exception. Learned Deputy District Public Prosecutor could not point out any exceptional circumstance. The petitioner has got no previous conviction at his credit. The report of Punjab Forensic Science Agency is yet awaited, thus, prosecution cannot assert with certitude that the material recovered from the petitioner was liquor or something else. The petitioner is behind the bars since his arrest and his continuous detention for indefinite period would be unfair . All these considerations render the case of prosecution one of further inquiry within the ambit of Section 497(2), Cr.P.C., thus, I am inclined to exercise my discretion in favour of the petitioner .

4. In view of the above, the application is accepted and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs, 2,00,000/-, with one surety in the like amount to the satisfaction of learned trial Court/duty judge. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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