KAREEM BUX vs THE STATE
This matter concerns a bail application filed by the applicant, Kareem Bux, who was arrested following the recovery of 24 bottles of foreign-manufactured whisky from a vehicle by Excise Police. The core legal question before the Court was whether the applicant was entitled to the grant of post-arrest bail, specifically considering the statutory punishment for the alleged offense and the applicability of the prohibitory clause of Section 497, Code of Criminal Procedure 1898. The applicant contended that the maximum punishment for the offense is five years, thereby placing the case outside the prohibitory clause of Section 497. Furthermore, the defense highlighted the absence of independent witnesses despite the police having prior information regarding the smuggling activity. The Court, finding merit in the arguments presented and noting the lack of independent corroboration, held that the applicant was entitled to bail. Consequently, the Court admitted the applicant to bail, subject to the furnishing of a surety in the sum of Rs. 100,000 and a personal recognizance bond in the like amount to the satisfaction of the trial court.
- Does a criminal offense carrying a maximum punishment of five years fall within the prohibitory clause of Section 497, Code of Criminal Procedure 1898?
- Is the absence of independent witnesses a relevant factor in the consideration of a post-arrest bail application?
- Section 497, Code of Criminal Procedure 1898
ORDER
1. ' KHILIJI ARIF HUSSAIN, J.---On 21-4-2006 the complainant Excise Inspector lodged F.I.R. At Police Station Excise at Larkana on behalf of State stating therein that on the date of incident he along with subordinate staff received information about the smuggling of the illegal liquor. When reached at the place of incident saw one sky colour car coming from eastern side towards Larkana. Complainant party encircled the said car and 24 foreign manufactured bottles of whisky were recovered from the car.
2. ' Mr. Muhammad Ayaz Soomro,' learned counsel for the applicant argued that the maximum punishment is 5 years and case does not fall within prohibitory clause of section 497, Cr.P.C. In support of his contention relied upon an unreported authority in Criminal Bail Application No,S-596 of 2005 of this Court in which my learned brother Maqbool Baqar, J, granted bail in a case wherein 339 bottles whisky were recovered by the Excise Police. From the record it appears that no independent witness has been cited though the police had received information well in advance ' In view of the above, the applicant is admitted to bail subject to furnishing surety in the sum of Rs,100,000 and P.R. Bond in the like amount to the satisfaction of trial Court.