AKHUND JAWAID AKHTAR SIDDIQUI vs THE STATE
This matter concerns an application filed under Section 498 of the Code of Criminal Procedure 1898, seeking pre-arrest bail in connection with a criminal case registered at Police Station Sekhat, District Matiari. The applicant approached the High Court because his pre-arrest bail application, previously filed before the trial court, remained pending and undecided, creating an apprehension of arrest that would frustrate his legal remedies. The core legal question was whether the High Court could grant interim protective bail to an applicant whose substantive bail application was already pending before the trial court, pending the final disposal of that application. The High Court, without expressing any opinion on the merits of the case, held that it was appropriate to grant interim protective bail for a limited duration to allow the trial court sufficient time to adjudicate the pending application. The court established the principle that in circumstances where a trial court fails to timely dispose of a pre-arrest bail application, the High Court may grant interim protective bail to preserve the applicant's liberty until the trial court can decide the matter on its merits.
- Can the High Court grant interim protective bail when a pre-arrest bail application is already pending before the trial court?
- Is it permissible for the High Court to grant protective bail without determining the merits of the underlying criminal case?
- What is the appropriate remedy when a trial court fails to timely dispose of a pending pre-arrest bail application?
- Section 498, Code of Criminal Procedure 1898
ORDER
1. ' ANWAR ZAHEER JAMALI, J.---The application under section 498, Cr.P.C. Has been moved by the applicant for seeking pre-arrest bail in Crime No.15 of 2005 Police Station Sekhat District, Matiari, which relates to an incident occurred on 26-8-2005.
2. At the outset it has been stated by the learned counsel for the applicant that before approaching this Court the applicant has moved the trial Court on 10-9-2005 for grant of pre-arrest bail to him but till this date neither interim pre-arrest bail has been allowed nor the said application has been disposed of by the trial Court on merits. He contended that in the given facts and circumstances of the present case applicant is apprehending his arrest at the hands of police which will frustrate his efforts for grant of pre-arrest bail in the case, though such application is pending before the trial Court. Learned counsel, therefore, submitted that in order to do justice with the applicant, till his pre-arrest bail is decided by the trial Court, he may be admitted to interim pre-arrest bail without touching the merits of the case.
3. ' Mr. Anwar H. Ansari learned State counsel has not seriously opposed such request.
4. ' In view of the above, without touching the merits of the case, this pre-arrest bail application is disposed of in the terms that the applicant is admitted to protective bail for a period of 7 days from today on his furnishing surety in the sum of Rs.50,000 and PR bond in the like amount to the satisfaction of Additional Registrar of this Court.
5. ' It is excepted that in the meantime the trial Court will hear and disposed of the bail application of the applicant, which is stated to be now fixed on 8-10-2005.
6. ' In case the applicant fails to appear before the trial Court, the surety furnished by him shall stand forfeited.