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Petitioner: NOOR MUHAMMAD VS Respondent: STATE
1997 M L D 2729
1997 M L D 2729
[Lahore]
Before Malik Muhammad Qayyum, J
NOOR MUHAMMAD ‑‑‑Petitioner
versus
THE STATE‑‑‑Respondent
Criminal Miscellaneous No.2951/B of 1994, decided on 12th December, 1994.
Criminal Procedure Code (V of 1898)‑‑‑
‑‑‑‑S. 498‑‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.4‑‑‑Pre arrest bail, grant of‑‑‑Recovery had been effected from the house of accused in their absence and also not in presence of any independent witnesses‑‑‑Even the raid on the house of accused was conducted without permission from any Court‑‑‑Accused on the present record could not be said to have committed the offence with which they were charged and case against them needed further inquiry‑‑‑Interim pre‑arrest bail granted to accused was confirmed in circumstances.
Yousuf Ali Khan and Ch. Ejaz Ahmad, Asstt. A.‑G., Punjab for Petitioners.
ORDER
The petitioners seek before arrest bail in a case registered against them under Article 4 Prohibition (Enforcement of Hadd) Order, 1979 vide F.I.R. No.213 at Police Station, Kamoke on 13‑5‑1994.
2. It has been stated by the learned counsel for the petitioners and is indeed not denied by the learned Assistant Advocate‑General Punjab that earlier petitioner had filed a habeas corpus petition in this Court.
3. Learned counsel for the petitioners submits that the case has been registered against the petitioners mala fide and with a view to wreak vengeance against them for filing the aforesaid habeas corpus.
3‑A. At this stage, it is not necessary to render any final opinion on this question. From a perusal of F.I.R., it is to be seen that at the time when the' alleged liquor is alleged to have been recovered from the house of the petitioners they were not present. The recovery was not made in the presence of any independent witnesses. The raid was also conducted without the permission from any Court.
4. From the facts and circumstances of the case further inquiry into the guilt of the petitioners is necessary/and on the present record, they cannot be said to have committed the offences of which they are accused. The interim bail granted to them on 12‑7‑1994 is confirmed.
N.H.Q./N‑344/L Pre‑arrest bail granted.