AHMED SULTAN and anothers vs THE STATE
This is a criminal bail application before the Sindh High Court concerning two applicants facing police custody and escape allegations. The core legal question involves determining whether the alleged offence of escaping from police custody falls under a bailable provision of the law, thereby entitling the applicant to the concession of post-arrest bail. The court held that the application in respect of the first applicant, Ahmed Sultan, stood dismissed as not pressed, while the bail application for the second applicant, Hadi Bux, was granted after the Assistant Advocate-General conceded that the applicable offence is bailable under Section 225-B of the Pakistan Penal Code. The key principle laid down is that where an alleged offence is bailable and conceded by the state, the accused is entitled to bail as of right upon furnishing appropriate surety.
- Does the offence of escaping from police custody fall under a bailable provision of the Pakistan Penal Code?
- Is an accused entitled to bail as of right when the state concedes that the alleged offence is bailable?
- Section 225-B, Pakistan Penal Code 1860
ORDER
' RAHMAT HUSSAIN JAFFERI, J.--- Granted.
2. Granted subject to all just legal exceptions.
3. Learned Advocate for the applicants has not pressed the bail application in respect of applicant Ahmed Sultan, at this stage, therefore, the application is dismissed as not pressed in respect of above named applicant.
' The allegation against the applicant Hadi Bux is that he escaped from the custody of the police.
Learned Advocate for the applicants has stated that the offence if any would fall under section 225-B, P.P.C. Which is bailable therefore, applicant is entitled for the concession of bail.
' Learned Assistant Advocate-General has conceded the above position and has no objection to the grant of bail in view of the above position.
' Accordingly, bail is granted to the applicant Hadi Bux in the sum of R.50,000 on furnishing solvent surety with P.R. Bond in the like amount to the satisfaction of trial Court. The application is partly allowed and partly dismissed.