MUHAMMAD RAMZAN vs THE STATE
This matter concerns an application for protective bail filed by the applicant, Muhammad Ramzan, in relation to F.I.R. No. 227 of 2004 registered at Police Station Sachal Goth, Karachi, involving offences under sections 148, 149, 302, and 34 of the Pakistan Penal Code 1860. The core legal question before the Court was whether the applicant, who alleged false implication due to enmity and apprehended imminent arrest and maltreatment by the police, was entitled to protective bail to approach the competent trial court. The applicant contended that police presence at the Court of Session at Malir prevented him from seeking pre-arrest bail there. Without expressing any opinion on the merits or demerits of the case, the Court allowed the application. The Court held that the applicant should be admitted to protective bail in the sum of Rs. 50,000 with a P.R. bond in the like amount to the satisfaction of the Nazir of the Court. The protective bail was granted for a limited duration of seven days to enable the applicant to seek appropriate relief from the competent forum.
- Can a High Court grant protective bail to an accused to enable them to approach a trial court for pre-arrest bail?
- Is it necessary for the court to examine the merits of the case when granting temporary protective bail?
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. Granted.
2. ' Through this application protective bail has been sought in a crime bearing F.I.R. No.227 of 2004 of Police Station Sachal Goth, Karachi for offences under sections 148/149/302/34, P.P.C.
3. Learned counsel for the applicant contends that applicant has been falsely involved in this case due to enmity He submits that the A police is making strenuous efforts to cause the arrest of the applicant being in complicity with the complainant party. He submits that the applicant apprehends imminent arrest and in case he is arrested he will be maltreated with likely danger to his life. He further submits that the applicant tried to approach the Court of Session at Malir for seeking pre-arrest bail but the police has surrounded the premises of the Court in order to cause arrest of the applicant.
4. In the circumstances, without dilating upon the merits .Or demerits of the case, applicant, Muhammad Ramzan, is admitted to protective bail in the sum of Rs.50,000 and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court. The order shall remain in force for the period of seven days from today.