IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Appln. No. S-114 of 2025

Applicant	Rajesh Kumar
	Through Mr. Waqar Ahmed A. Chandio, advocate
The State	Through Mr. Nazir Ahmed Bhangwar, Deputy Prosecutor General for the State
Date of hearing	10-03-2025
Date of order	10-03-2025

O R D E R

KHALID HUSSAIN SHAHANI, J.- Through this application, the applicant Rajesh Kumar seeks post arrest bail in Criminal case emanating from Crime No.01/2025, registered at PS Seehar for offences under section 3/4, Hudood Ordinance, after his bail plea has been declined by the trial Court vide order dated 18.02.2025.

2.      As per prosecution theory, the incident took place on 03.02.2024, when the applicant/accused was arrested along with co-accused Yaseen by police of PS Seehar and 240 half bottles of wine, in both red and white varies were revered from them being lying in Mehran car with them.

3.      Learned counsel for the applicant has contended that the applicant has falsely been involved in this case; that the applicant legally possessed a valid permit, authorizing him to have alcohol in accordance with law, he was wrongfully apprehended and the case against him is baseless, fabricated and in sheer violation of his fundamental rights. He has, therefore, prayed for grant of post arrest bail.

4.      Learned D.P.G endorsing the contentions of the learned counsel for the applicant has frankly conceded to the grant of bail to the applicant, stating that the sentenced provided for the offence is short one.

5.      Heard learned counsel for the applicant and D.P.G for the state and has thoroughly examined the material placed on the record.

6.      Admittedly, the applicant is Hindu and Section 4 of the Prohibition (Enforcement of Hudood) Order, 1979 (Order No.4 of 1979),  pertains to the prohibition of manufacturing, possession and sale of intoxicants, mere possession of alcohol by a non-Muslim with a valid permit does not fall within the purview of Section 3 of the said order. Moreover, the applicant/accused is a Hindu and under section 4 of the same order, non-Muslim are exempted from prohibition laws as religiously, provided they act within the scope of the law. The offence does not fall under the prohibition of clause of Section 497 Cr.P.C, hence bail is the rule and refusal is an exception. Under these circumstances, in my humble view, the applicant has made out his case for release on bail. In such view of the matter, I do not find any valid ground for declining bail to the applicant, therefore, this bail application is allowed and the applicant is directed to be released on bail subject to his furnishing fresh solvent surety in the sum of Rs.50,000/- (Rupees. Fifty thousand only) and P.R bond in the like amount to the satisfaction of the learned trial Court.

JUDGE

S.Ashfaq/P.S