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Criminal Miscellaneous No. 2055-B of 1981, decided on 4th August, 1981.

--- S. 497-Bail of petitioner pressed on grounds : (i) petitioner grant ed bail by trial Court and same cancelled by Sessions Judge, (ii) report of Chemical Examiner found in negative - Case against petitioner being one-of further inquiry and his detention in Jail being of no useful purpose, bail allowed.

Q. M. Saleem assisted by Begum Rehana Sarwar for Petitioner.

Naeem Malik for the State.

The petitioner seeks bail in case F. I. R. No. 51 dated 16th June, 1981 under section 11 of the Prohibition (Enforcement of Hadd) Order, 1979. It is contended on behalf of the petitioner that he was granted bail by the trial Court and the same was cancelled by the learned Sessions Judge vide his order dated 11th July, 1981. It has been pointed that the stomach wash was sent to the Chemical Examiner to find out if it contained some intoxicating material or not. The report of the chemical Examiner is in the negative. The A. S. I. who is in attendance has not controverted this. His only argument is that the Doctor who examined the petitioner initially had found out that slight smell of alcohol had been coming from his mouth. I do not think that the opinion of an expert should be prevailed over by a layman.

2. In the circumstances, the detention of the petitioner in Jail will serve no useful purpose. Therefore, he shall be released on bail provided he furnishes bail bonds in the sum of Rs. 10,000 (ten thousand) with one surety in the like amount to the satisfaction of the Assistant Commissioner) Duty Magistrate, Attock.

3. The learned counsel in the same petition has also urged the release of the petitioner in case F. I. R. No. 63, dated 11th July, 1981 under section 223/224/109, P. P. C. The allegation against the petitioner is that when his bail was cancelled by the learned Sessions Judge and the Naib Court effected his arrest he got himself released and ran away, and in consequence thereof a case F. I. R. No. 63, dated 11 th July, 1981 was registered against him. Learned counsel for the petitioner has submitted that the allegation is not correct. In support thereof it has been stated that he had voluntarily 'appeared before the Superintendent of Police, Attock, as a result of which he was arrested and sent to judicial lock-up and as such the bona fides of the petitioner cannot be doubted. Be that as it may, the circumstances do make the case a case of further inquiry. Therefore, the petitioner shall be released on bail provided he furnishes a bail bond in the sum of Rs. 10,000 (ten thousand) with one surety in the like amount to the satisfaction of the trial Court.

Bail granted.

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