FIDA HUSSAIN alias PEERO vs THE STATE
The petitioner sought post-arrest bail in a case registered under sections 3 and 4 of the Prohibition (Enforcement of Hadd) Order 1979 at Police Station Gulgasht, Multan, for allegedly manufacturing liquor along with co-accused. The core legal question was whether the petitioner was entitled to post-arrest bail considering the exoneration of co-accused and the non-applicability of the prohibitory clause. The Lahore High Court held that since the co-accused had been declared innocent, casting doubt on the prosecution case, and the alleged offences did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, the petitioner made a case for bail. Following the precedent in Tariq Bashir's case, the court admitted the petitioner to post-arrest bail subject to furnishing bail bonds, establishing that tentative assessment of evidence favoring the accused and non-inclusion in the prohibitory clause strongly favor the grant of bail.
- Whether post-arrest bail can be granted when the co-accused have been declared innocent by the police?
- Does an offence under sections 3 and 4 of the Prohibition (Enforcement of Hadd) Order 1979 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- What is the effect of non-inclusion of an offence in the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898 on the grant of bail?
- Section 3, Prohibition (Enforcement of Hadd) Order 1979
- Section 4, Prohibition (Enforcement of Hadd) Order 1979
- Section 497, Code of Criminal Procedure 1898
ORDER
' IQBAL HAMEED-UR-REHMAN, J.-Petitioner seeks post-arrest bail in a case F.I.R. No,430 of 2006 dated 3-8-2006 under sections 3 and 4 of Prohibition' (Enforcement of Hadd) Order IV of 1979 Police Station Gulgasht, District Multan.
2, It is alleged in the F.I.R. That the petitioner along with his co-accused namely Riaz and Nadeem, were indulged in manufacturing the liquor.
3. Arguments heard. Record perused.
4. The co-accused' Riaz and Nadeem have been declared innocent and this aspect brings heavy clouds on the prosecution case. The petitioner is behind the bars for the last four months. The offences do not fall within the prohibitory clause of section 497, Cr.P.C.
5. Resultantly, respectfully following the dictim laid down in Tariq Bashir's case (PLD 1995 Supreme Court 34), I am inclined to allow this petition by admitting the petitioner to post-arrest bail subject to his furnishing bail bonds in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the learned trial Court.