DEWAN and anothers vs THE STATE
This matter concerns an application for interim protective bail filed by two accused persons, Dewan and Raja, who are implicated in F.I.R. No. 190 of 2006 registered at Police Station A-Section, Kandhkot, for offences under sections 337-A(i), 337-A(ii), 337-F(i), and 34 of the Pakistan Penal Code 1860. The core legal question before the court was whether the applicants, who expressed an intention to surrender before the competent trial court, were entitled to interim protective bail to facilitate such surrender. The Sindh High Court, noting that the State counsel had no objection to the request, granted the applicants interim protective bail. The court directed the applicants to furnish bail in the sum of Rs. 50,000 each with a P.R. Bond of the same amount to the satisfaction of the Additional Registrar. The holding was conditioned upon the applicants surrendering before the competent trial court within five days, failing which their surety bonds would stand forfeited. The principle laid down is that protective bail may be granted to facilitate an accused's surrender before the trial court, provided specific conditions are met.
- Can an accused be granted interim protective bail for the specific purpose of surrendering before a competent trial court?
- What are the consequences of failing to surrender before the trial court after being granted interim protective bail?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. ' AZIZULLAH M. MEMON, J.---These applicants, namely, Dewan and Raja are said to be required in a case F.I.R. No,190 of 2006 of Police Station A-Section, Kandhkot for allegedly committing the offence under section 337-A(i), (ii), F(i)/34, P.P.C.; they have filed this application with a prayer to grant them interim protective bail before arrest stating that they want to surrender before the competent trial Court.
2. ' Learned counsel appearing for the State has no objection.
3. ' In the circumstances applicants are admitted to interim protective bail before arrest each in the sum of Rs,50,000 and P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Bench without prejudice to the merits of the case of the prosecution and only to facilitate them to surrender before the competent trial Court in seizure of the above said case and further provided that in case of their failure to so surrender within five days from this date the surety bond to be so furnished by them shall stand forfeited.