' The petitioner is involved in Case. F.I.R No,51 of 2001, dated 3-3-2001 for an offence under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order (P.O. No,4 of 1979), registered at Police Station Qabula Sharif, District Pakpattan Sharif, with the allegations that on secret information received by the police that Riaz son of Ghulam Mohyuddin (petitioner) has installed a distillery for the purpose of sale of wine and if a raid is Conducted he can be caught red-handed. A raidirlg'party consisting of Shaukat Ali, A.S.-I., Muhammad Yamin, Muhammad Amin; Musthtaq Ahmad and Ahmad Din was constituted and raid was conducted according to the pointation of the informer and the raiding party reached near the land of the said Riaz son of Ghulam Muhayuddin at Chak No,37/E.B. At morning prayer time and find present distillering indigenous wine by gas oven. Seeing the police party the accused ran away successfully. But he was identified while he was running away. On the spot the oven was made cool and of the articles of distillation, one gas oven, one tin iron used as boiler, one Daura Gali in which one plate silver small size in which one pipe plastic small size about 1-1/2 foot large, one culdron silver as a cooler was in use and one gallon plastic Mamola, bottle wine locally distilled which was lying near the oven, out of which 10 ounce wine was separated for chemical analysis and prepared the seal parcel and taken into possession by the police.
2. Earlier the petitioner could not approach the Court of first instance i,e, the Court of learned Additional Sessions Judge because the local police is adamant to apprehend the petitioner and they had encircled the Court purposely, in order to arrest the petitioner at every cost. The petitioner having no other way under the aforesaid unavoidable circumstances is approaching this Court for seeking the concession of bail.
3. The bail is now pressed on the grounds that the alleged occurrence is dark night occurrence and the identification as alleged/shown in the F.I.R. Is totally baseless and frivolous. No police official is known to the petitioner. Actually there is protracted litigation pending with the villagers due to which the petitioner has been falsely implicated in order to restrain the petitioner to continue litigation and that the offence does not fall within the prohibitory clause of section 497, Cr.P.C. As such the petitioner is entitled to the concession of bail prayed for and that the abovesaid case is totally false, frivolous and incorrect. The petitioner is quite innocent and that the local police is adamant to arrest the petitioner. If he is arrested he will be humiliated, tortured and insulted by the police and as consequence thereof he will suffer irreparable loss to the reputation and his liberty.
The local police is causing undue harassment to the petitioner with ulterior motive. In this connection reliance is placed on PLD 1949 Lahore 21, PLD 1983 SC 82 and PLD 1984 SC 192 and that no such occurrence has ever taken place. Actually the adversaries of the petitioner is in connivance with the local police intend to get the petitioner arrested and humiliate. As per contents of the F.I.R. No offence is made out. This fact is verified from the F.I.R. No, 50 of 2000 which has been got registered by the adversaries of the petitioner against the brother of the petitioner which reflects the mala fide of the prosecution as well as adversaries of the petitioner and that the petitioner is previously non-convict and is raw-abiding citizen of the country and that the petitioner is ready to furnish bail bonds to the satisfaction of this Court.
4. Notice was issued to the State for today. Meanwhile, interim bail was granted to the petitioner subject to his furnishing bail bond in the sum of Rs,10,000 with one surety in the like amount to the satisfaction of the trial Court with the direction to join the investigation as and when required by the police.
5. Today the petitioner has appeared in person with counsel Mr. Arshad Ali Chuhan, Advocate. The Investigating Officer is also present alongwith the complete record and the learned counsel for the State has opposed the bail application.
6. I have given due consideration to the valuable arguments on both sides.
7. The tentative assessm ent shows that there is protracted litigation within the villagers and humiliation and insult of the petitioner is the main cause behind the alleged incident. Even otherwise, uptil now there is no positive report against the petitioner.
8. As such the bail granted vide order, dated 14-3-2001 is hereby confirmed on the same bail bond.