Through this application the Petitioner seeks post-arrest bail in case FIR No. 291/19 dated 09-07-2019 which was registered at Police Station Sinawan, District Muzzafargarh, for an offence unde r Articles 3/4 of the Prohibition (Enforcement of Hadd) Order , 1979.
2. According to the FIR, the police receiv ed a secret information that the Petitioner was running a distillery and he could be arrested if raid was conducted. On this information the Complainant along with other police officials raided the said place and apprehended the .Petitioner . The police recovered illicit liquor and distillery articles from the said place.
3. Arguments heard. Record perused.
4. Admittedly , the report of Chemical Examiner has not been received in this case so far which could confirm that the recovered liquid was actually liquor . It is, thus, a case of further inquiry within the meaning of Section 497(2), Cr.P.C.
5. Even otherwise, Article 4 of the Prohibition (Enforcement 1 of Hadd) Order , 1979, is bailable while Article 3 of the Order ibid does not fall within the prohibitory clause. The Petitioner has joined the investigation and is no more required by the police for further investigation. The august Supreme Court has held in the case reported as "Tariq Bashir and 5 others vs. The State" (PLD 1995 SC 34) that grant of bail in offences punishable, with imprisonment for less than 10 years is a rule and refusal is an exception. Following the said C judgment, this Court admitted an accused person to bail in identical circumstances in the case reported as "Abide Ali vs. The State"
(2007 PCr .LJ 61 1).
6. In view of the foregoing, the instant application is accepted and the Petitioner is admitted to bail subject to his furnishing Nail bond in the sum of Rs. 100,000/- (Rupees one hundred thousand) with one surety in the like amount to the satisfaction of the learned trials Court.