MAZ HUSSAIN SHAH vs THE STATE
This matter concerns an application for protective bail filed by the accused, Maz Hussain Shah, in relation to a criminal case. The core legal question before the Court was whether the applicant was entitled to protective bail given the circumstances surrounding the registration of the First Information Report (F.I.R.). The applicant contended that his name was not mentioned in the F.I.R., that the case was fabricated due to departmental disputes, and that there was an unexplained delay of approximately six years in lodging the F.I.R. Furthermore, the applicant argued that no specific role in causing loss was attributed to him. Without expressing any opinion on the merits or demerits of the case, the Sindh High Court held that the applicant was entitled to protective bail. The Court granted the protective bail for a period of ten days, subject to the applicant furnishing a surety in the sum of Rs. 50,000 and a Personal Recognizance (P.R.) bond in the like amount to the satisfaction of the Nazir of the Court. The bail was ordered to lapse automatically after ten days or upon the applicant's surrender before the trial court.
- Can protective bail be granted when the applicant's name is not mentioned in the F.I.R.?
- Does an unexplained delay of several years in lodging an F.I.R. constitute grounds for granting protective bail?
- What is the standard procedure for the duration and expiration of protective bail granted by the High Court?
ORDER
' Office objection is overruled.
2. Granted.
3. Granted subject to all just exceptions for the time being.
4. Mr. Farid Ahmed Dayo, learned counsel for the applicant/accused has prayed that the name of applicant/accused has not been disclosed in the F.I.R. And a false and concocted case is prepared with mala fide intention in connivance with the complainant party due to departmental disputes amongst the officers and there is delay. Of about six years in lodging of the F.I.R. For which no plausible explanation has been furnished while recording the F.I.R. And no role of causing loss is attributed to the applicant/ accused.
5. Without touching the merits and demerits of the case, protective bail is granted to the applicant accused subject to his furnishing surety in the sum of Rs.50,000 and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.
' This order of protective bail shall remain effective for a period of ten days from today and the same shall automatically be lapsed on 4-3-2004 or upon applicant/accused's surrendering himself before the trial Court, whichever is earlier.
Protective . revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.