LIQUOR FIVE BOTTLES BAIL GRANTED

IN THE COURT OF (NAME OF THE MAGISTRATE), JUDL. MAGISTRATE IST CLASS,  XYZ

Mian Nazir

Vs.

The State.

Case FIR No.1131/0000

Offence u/s 3/4 of  Prohibition of (Enforcement of Hadd) Order 1979 P.S ABC, XYZ

POST ARREST BAIL APPLICATION.

                        Accused/petitioner Mian Nazir seek after arrest bail in case FIR No.1131/0000 offence u/s ¾ of PEHO.Police Station above referred.

2                      Brief facts of the case as per contents of FIR are that on 24.09.0000 at 10:00 AM on  personal search of the accused five ponds of liquor were recovered from possession of accused/petitioner regarding which he could not produce any license or permit for keeping the said liquor. Hence this F.I.R.

 3                     The learned counsel for the petitioner has contended that the story mentioned in the FIR is concocted one. Accused has been falsely implicated in the instant case. The accused/petitioner is innocent. Case of the accused/petitioner is that of further inquiry. Person of the accused is no more required for further investigation. Accused/petitioner is ready to furnish bail bonds to the satisfaction of this court.

4                      On the other hand learned  public prosecutor vehemently opposed the contention of the learned counsel for the petitioner and prayed for the dismissal of the application.

5                      Perusal of record reveals that even though five pondas  liquor were recovered from the accused/petitioner as per mentioned in the F.I.R dated 24.09.0000, however, no sale amount was recovered from the petitioner, and therefore, provision of Art.3 of PEHO is not attracted whereas Art.4 of PEHO is bailable one. The offence does not fall within the ambit of prohibitory clause of section 497 of the Cr.PC. In such like case grant of bail is rule and refusal is an exception. The accused has already been sent to judicial locks up which suggest that person of the accused is not required for further investigation. In view of above discussion, the accused/petitioner is allowed concession of bail subject to furnishing of surety bonds of Rs.20,000/- with one surety to the satisfaction of this court. Order be annexed with the police report under section 173 Cr.P.C.

Announced:

29.09.0000                                                                                 

                                                                                                Judl.Magistrate Ist Class,

                                                                                                            XYZ