HASAN SOHAIL vs THE STATE
This matter concerns an application for protective bail filed on behalf of an accused who was residing outside the country and anticipated arrest upon his return to Pakistan due to his name being placed on the Exit Control List. The core legal question was whether the High Court could grant protective bail to an accused who is not physically present within the jurisdiction to facilitate his surrender before the trial court. The Court, without delving into the merits of the underlying criminal case, held that the applicant was entitled to protective bail for a limited duration. The ratio of the decision is that protective bail may be granted to an accused to enable them to appear before the competent trial court, provided they furnish the required surety. The key principle laid down is that the High Court possesses the discretion to grant protective bail for a specific, limited period to allow an accused to surrender to the jurisdiction of the trial court, thereby ensuring the accused's right to seek regular bail without immediate arrest upon entry into the country.
- Can the High Court grant protective bail to an accused who is currently outside the country?
- Is protective bail a valid mechanism to allow an accused to surrender before a trial court without immediate arrest?
- Does the granting of protective bail by the High Court influence the merits of the case before the trial court?
ORDER
' AMIR HANI MUSLIM, J.-- Deferred as according to learned counsel, the applicant, on whose behalf the bail application has been filed, is out of country and he . Has been instructed over phone to move the bail application on his behalf.
2. Granted.
3. Granted but subject to all just exceptions.
4 and 5. It has been contended by learned counsel that the alleged incident took place on 23-6- 2005 and the F.I.R. Was lodged on 30-6-2005 with Clifton Police Station. The applicant left Karachi for UAE on 1-7-2005. The applicant, according to learned counsel, is of 19 years age. Learned counsel further states that the applicant's name has been placed on the Exit Control List and the moment he will land he will be arrested.
' I have heard learned counsel and perused the record very carefully. Without touching the merits of the case, applicant is granted protective bail for a period of fifteen days in the sum of Rs,100,000 (one hundred thousand) with P.R. Bond in the like amount to the satisfaction of the Nazir of this Court. The period of protective bail shall come to an end on August 3, 2005, or earlier if the applicant surrenders before the learned trial/ concerned Court, whichever is earlier. This order shall not influence the trial Court in any manner. A copy of this order be communicated to the TPO Clifton, Karachi and concerned S.P. Investigation for information. This bail application stands disposed of in the above terms.
Cited by 6 cases
- Imran Ahmad Khan Niazi vs Syed Asim Ghaffar etc 2023 LHC 2608, PLJ 2024 Cr.C. 423
- Malik Azmat Ullah vs Federation of Pakistan through Secretary, Ministry of Interior and 10 others 2023 PCRLJ 290
- Mrs. Asma Alamgir vs Federation of Pakistan and others 2017 IHC 88
- KH. MUHAMMAD SALMAN YOUNIS vs FEDERATION OF PAKISTAN through Secretary Law, Islamabad and others 2016 PLJ Karachi 22
- Khawaja MUHAMMAD SALMAN YOUNIS and another vs FEDERATION OF PAKISTAN through Secretary Law and 10 others 2016 PLJ Karachi 22, 2016 PLD Sindh 547
- Petitioner No.1 present in person vs not