Law: Criminal Procedure Code (V of 1898)

Section: 103,497

Law: Prohibition (Enforcement of Hadd) Order (4 of 1979)

Section: 3,4

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Prohibition Enforcement of Hadd Ordinance, 1979--Bail after arrest, grant of--Allegation of--Petitioners were found preparing liquor, seven plastic cans with local brew and drums of ethanol recorded--Petitioners are behind bars since their arrest and investigation has been finalized, and allegations against them are yet to be proved through evidence in court, as such, further detention of accused persons in this case at this stage would not serve any fruitful purpose--Admittedly, petitioners are previous non-convicts--Trial has not seen any fruitful progress as yet--Held: It is settled that while dealing with question of bail, Court should consider minimum aspect of sentence provided for alleged offence in schedule--Wherein it has been mentioned that Section 497, Cr.P.C. divided non-bailable offences into two categories (1) offences punishable with death, imprisonment of life or imprisonment for ten years (2) offences punishable for imprisonment of less than ten years, principle to be deduced from this provision of law is that non-bailable offences jailing in second category (punishable with imprisonment for less than ten years) grant of bail is a rule and refusal an exception--So bail will be declined only in extraordinary and exceptional cases, for example:-- (a) Whether there is likelihood of abscondence of accused; (b) Where there is apprehension of accused tampering with prosecution evidence; (c) Where that is danger of offence being repeated if accused is released on bail; and (d) Where accused is a previous convict. Bail was accepted. 2009 SCMR 1488; 2011 SCMR 1708 ref. THIS ORDER PASSED BY: SADIQ MAHMUD KHURRAM, JUSTICE---.--- Through the petition filed under section 497 Cr.P.C. the petitioners namely Shehbaz Ahmad, and Muhammad Zafar are seeking post-arrest bail in the case FIR No.29 of 2019, dated 17.1.2019, registered at Police Station Kot Mithan District Rajanpur, in respect of offences under Article 3 and 4 of Prohibition (Enforcement of Hadd) Ordinance, 1979. 2. The allegation as-against the petitioners, as culled from the evidentiary material produced before the Court is that the petitioners…

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