ABDUL KARIM and another vs THE STATE
This matter arises from a criminal bail application where the applicants sought pre-arrest bail after a previous bail application had been refused. The core legal question concerned whether interim pre-arrest bail could be granted to the applicants who were placed in Column No. 2 of the challan, considering that a compromise had been reached with the complainant party and co-accused had filed an application under the Code of Criminal Procedure 1898. The court held that interim pre-arrest bail should be granted to the applicants subject to furnishing required surety bonds, enabling them to appear before the trial court and pursue the compromise. The key principle laid down is that interim pre-arrest bail may be extended to accused persons placed in Column No. 2 of the challan when subsequent developments such as a compromise between the parties are presented before the court.
- Whether interim pre-arrest bail can be granted when the accused persons have been placed in Column No. 2 of the police challan?
- Can pre-arrest bail be considered after a previous bail application was dismissed, in light of a subsequent compromise between the parties?
- Section 345(2), Code of Criminal Procedure 1898
- Section 497, Code of Criminal Procedure 1898
ORDER
1. Allowed.
2. Allowed subject to all just exceptions.
3. Learned counsel says that previously this Court had refused bail before arrest to the applicants in Criminal Bail Application No.323 of 2004 vide order dated 14-5-2004. He further submits that since then the accused have patched up the matter with the complainant party and co-accused viz., Ayoob and Nooral have already filed an application under A section 345(2), Cr.P.C. Before the learned trial Court. However, since NBWs have been issued against the present applicants, they could not move the necessary application. Learned counsel also submits that according to the challan filed by the prosecution before the learned Sessions Judge, the applicants have been released under section 497, Cr.P.C. And placed in Column No.2 thereof. However, the learned trial Court did not agree with the investigation conducted by the police authorities and has now issued NBWs for the arrest of the applicants. Learned counsel, therefore, prays that interim pre-arrest bail be granted to the applicants, so that they can appear before the Additional Sessions Judge, Dadu, where the case is pending, and file the compromise.
' I have heard the learned counsel and perused the case file.
Interim pre-arrest bail is granted to the applicants provided they submit surety in the sum of Rs.100,000 (rupees one lac) each along with P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court. Notice to Addl. A.-G. To come up for confirmation or otherwise on 7-9-2004.