NAZAR MUHAMMAD vs THE STATE
This matter concerns a petition for interim protective bail filed by a retired government officer, aged 69, who was declared an absconder in a reference filed by the National Accountability Bureau pending before an Accountability Court in Karachi. The petitioner, facing allegations of acquiring assets disproportionate to his known sources of income, sought protective bail to travel to Karachi to surrender before the competent court, citing his advanced age, ailing health, and lack of knowledge regarding the proceedings. The core legal question was whether the High Court possessed the jurisdiction to grant interim protective bail to an accused in a case registered in another province. The Court held that it indeed has the authority to grant such relief to enable an accused to approach the court of competent jurisdiction. Consequently, the Court granted interim protective bail, subject to the furnishing of bail bonds, to facilitate the petitioner's appearance before the Karachi court. The judgment reaffirms the principle that a High Court may exercise its power to grant protective bail to an accused to enable them to surrender before the appropriate forum in another province.
- Does a High Court have the authority to grant interim protective bail to an accused in a case registered in another province?
- Can protective bail be granted to an accused declared an absconder to enable them to surrender before a court of competent jurisdiction?
- Section 31-A, National Accountability Bureau Ordinance 1999
ORDER
' Learned counsel submits that Reference No,9 of 2001 was filed against the present petitioner by the National Accountability Bureau and is pending before the Accountability Court No,2, Karachi. As the present petitioner was declared as an absconder, therefore, he was sentenced under section 31-A of the National Accountability Bureau Ordinance, 1999. Against which, appeal is pending before the Honourable High Court of Sindh at Karachi. The allegation against the petitioner is that he obtained/acquired property of about Rs,50 million, which was disproportionate to the known sources of income of the petitioner. It is submitted that the petitioner is a retired Government Officer and is 69 years old and was not in the knowledge of the above Reference, which was filed against him by the National Accountability Bureau. It is also contended that most of his properties are inherited and some were acquired before 1985 and he has been involved in this Reference malafidely for ulterior motives. Further submits that because of ailing health, he could not go to Karachi earlier. Learned counsel prays that interim protective bail be granted to the petitioner enabling him to go to Karachi to surrender himself before the Court of competent jurisdiction. He relies on 1990 PCr.LJ 617 and 1989 PCr.LJ 2152 and submits that a High Court of a Province has the power to grant protective bail to an accused in a case, which is registered in another Province.
2. On the perusal of the above judgments, we are convinced that we can grant interim protective bail to the petitioner enabling him to apply for bail before competent Courts at Karachi.
3. In light of what has been stated above and relying on PLD 2003 SC 668 and PLD 2002 SC 546, the present petitioner is granted interim protective bail enabling him to proceed to Karachi to apply for bail before the Courts of competent jurisdiction till 14-6-2005. This interim protective bail is, however, subject to his furnishing bail bonds in the sum of Rs,3,00,000 (Rupees three lacs only) with one surety in the like amount to the satisfaction of the Deputy Registrar (Judicial) of this Court. This order shall automatically lapse on 15-6-2005.
4. This petition is accordingly accepted with above directions.
Protective .