MUHAMMAD ASHFAQ alias ACHHI vs THE STATE
This matter arises from a petition for post-arrest bail filed by Muhammad Ashfaq alias Achhi in connection with F.I.R. No. 81 dated 14-4-2002, registered under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979 at Police Station Qutabpur, District Multan, following the alleged recovery of four litres of Desi liquor. The core legal question concerns whether the petitioner is entitled to post-arrest bail given the nature of the recovery and the applicability of the statutory prohibitory clause. The Lahore High Court accepted the petition and admitted the petitioner to bail. The court held that the question of the application of Article 3 required serious consideration and that the alleged offence did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure, 1898, noting further that the accused was behind bars and a previous non-convict. The key principle laid down is that where an offence does not fall within the prohibitory clause of section 497, Code of Criminal Procedure, 1898, and the accused is a previous non-convict and statutory preconditions are met, bail is normally granted as a matter of judicial discretion.
- Whether an offence under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979 falls within the prohibitory clause of section 497 of the Code of Criminal Procedure, 1898?
- Is an accused person entitled to post-arrest bail when the alleged offence does not fall within the prohibitory clause and the accused is a previous non-convict?
- Article 3, Prohibition (Enforcement of Hadd) Order 1979
- Article 4, Prohibition (Enforcement of Hadd) Order 1979
- Section 497, Code of Criminal Procedure 1898
ORDER
' Muhammad Ashfaq alias Achhi petitioner has prayed for post-arrest bail in case F.I.R. No,81 dated 14-4-2002, under Articles 3/4, Prohibition (Enforcement of Hadd) Order No,4 of 1979, registered with Police Station Qutabpur, District Multan.
2. Briefly the prosecution case as per F.I.R. Is that on 14-4-2002 on secret information, he was raided upon by a police party headed by Muhammad Tahir, A.S.-I. Of the aforesaid police station. From his possession, can containing four litres of Desi liquor was recovered.
3. It has been contended on his behalf that he has falsely been roped in; that the recovery has been planted upon him; that Article 3 of the aforesaid Order would not be attracted in his case, while one under Article 4 does not fall within the prohibitory 'clause of section 497, Cr.P.C. That he is behind the bars; and that he is previous non-convict:
4. On the other hand, learned State Counsel has opposed the application.
5. The allegation against the petitioner as per F.I.R. Is that from his possession plastic can containing four litres Desi liquor was recovered.
6. In view of the nature of the allegation against him, the question of application of Article 3 of the %aid Order against him needs serious consideration.
7. Even otherwise, the alleged offence does not fall within the prohibitory clause of section 497, Cr.P.C. He is behind the bars and stated to be previous non-convict.##TE#
8. I, therefore, accept this petition and admit him to bail in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the Illaqa Magistrate/trial Court.