MUHAMMAD IQBAL Versus State

FAZAL-E-MIRAN CHAUHAN, J.-- -The petitioner seeks pre-arrest bail in case F.I.R. No.9, registered with Police Station, Saddar, Kabirwala, District Khanewal on 7-1-2006 for an offence under Article 3/4 of Prohibition (Enforcement of Hadd) Order, 1979.

2. As per F.I.R., the allegation against the petitioner is that; he was distilling liquor at the time of raid and he made good his escape by climbing the wall of his house.

3. I have heard counsel for the parties and perused the record. Article 3 of the said Order, does not attract the prohibitory clause of section 497, Cr.P.C., whereas Article 4 is bailable. The Investigating Officer has violated the provisions of section 103, Cr.P.C. The contention of the learned counsel for the petitioner carries weight. The raiding party was consisted of so many police officials and it does not appeal to the man of prudent mind that applicant succeeded in escaping from the clutches of the raiding party on the relevant time. No useful purpose would be served to send the petitioner behind the bars as no recovery is to be effected from him. In this view of the matter, the ad interim pre-arrest bail already granted to the petitioner is confirmed subject to his furnishing fresh bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.

H.B.T. /M-206/L Bail granted.