MUHAMMAD ASLAM Versus STATE
This matter comes before the Lahore High Court through a post-arrest bail petition arising from F.I.R. No. 383 of 2000, registered under sections 3 and 4 of the Prohibition (Enforcement of Hadd) Order IV of 1979 at Police Station Saddar Khanewal, wherein the petitioner was accused of distilling liquor and caught red-handed during a police raid. The core legal question concerns whether the petitioner is entitled to post-arrest bail on the ground of statutory delay and protracted incarceration when the trial has not yet commenced. The court held that the petitioner has made out a case for bail considering that he has remained in judicial custody for approximately six months and the trial is not yet in sight. Consequently, the court granted post-arrest bail to the petitioner subject to furnishing surety bonds, laying down the principle that prolonged incarceration without the prospect of an early trial constitutes a sufficient ground for the grant of bail in such matters.
- Whether an accused is entitled to post-arrest bail when detained for a significant period without the trial being in sight?
- Does prolonged incarceration without commencement of trial constitute sufficient ground for grant of bail under the Prohibition (Enforcement of Hadd) Order 1979?
- Section 3, Prohibition (Enforcement of Hadd) Order 1979
- Section 4, Prohibition (Enforcement of Hadd) Order 1979
ORDER
As per F.I.R. No.383 of 2000, dated 3‑11‑2000 registered under sections 3 and 4 of the Prohibition (Enforcement of Hadd) Order IV of 1979 at Police Station Saddar Khanewal, the allegations against the petitioner are that petitioner was distilling liquor in a 'Khola' in front of his house. He was raided by the Police and was caught red handed. His post‑arrest bail was refused by learned Additional Sessions Judge, Khanewal.
2. Learned counsel for the petitioner submits that the petitioner is in the judicial lock‑up for the last about six months. He was arrested on 3‑11‑2000 and still the trial is not in sight. S.H.O. present in Court submits that challan is sent‑up to the Court.
3. As the trial is not in sight, accused had already been in the judicial lock‑up for the last about 6 months, he is allowed bail in the sum of Rs.1,00,000 (Rupees one lac) with two sureties each in the like amount to the satisfaction of learned trial Court.
H.B.T./M‑825/L Bail granted.