ZAFAR IQBAL alias GADRI vs THE STATE
This matter concerns a petition for post-arrest bail filed by the accused, Zafar Iqbal alias Gadri, who was charged under Sections 3 and 4 of the Prohibition (Enforcement of Hadd) Order 1979 for allegedly manufacturing and distilling liquor. The core legal question before the Court was whether the petitioner was entitled to the concession of bail given the nature of the offence and the statutory provisions involved. Upon reviewing the record and the arguments presented, the Court observed that the offence charged did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Furthermore, the Court noted the absence of any previous criminal history regarding the petitioner's involvement in similar activities. Consequently, the Court held that the petitioner was entitled to bail. The petition was allowed, and the petitioner was admitted to post-arrest bail subject to the furnishing of bail bonds in the sum of Rs. 50,000 with one surety to the satisfaction of the trial court.
- Does an offence under the Prohibition (Enforcement of Hadd) Order 1979 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is a petitioner entitled to post-arrest bail when the alleged offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- 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. 243 of 2006 dated 22-9-2006 under sections 3, 4 of Prohibition (Enforcement of Hadd) Order IV of 1979 Police Station Katcha Khooh District Khanewal.
2. It is alleged in the F.I.R. The petitioner was indulged in manufacturing/ distilling the liquor.
3. Arguments heard. Record perused.
4. The offence do not fall within the prohibitory clause of section 497, Cr.P.C. There is no previous history of the petitioner qua his involvement in such-like activities. Hence, relying on . The case reported 2005 M LD 698 and A 1999 PCr.LJ 924, 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.