MUHAMMAD YOUSIF alias DODO and 5 others vs THE STATE
This matter arises from an application under section 498 of the Code of Criminal Procedure 1898, whereby the applicants sought pre-arrest protective bail in Crime No. 2 of 2007 registered at Police Station Chhachar, under sections 147, 148, 149, 117, 504, 506(2), 334, 337-A(i) and 337-F(i) of the Pakistan Penal Code 1860. The core legal question was whether the applicants were entitled to protective bail to enable them to surrender before the concerned trial court, given their apprehension of arrest due to alleged false nomination stemming from political rivalry. The Sindh High Court held that the application should be granted, admitting the applicants to protective bail for a period of seven days upon furnishing required surety. The key principle laid down is that protective bail may be granted for a limited duration to allow accused persons to approach the appropriate forum without fear of imminent arrest, subject to furnishing adequate security.
- Whether protective bail can be granted to an accused to enable surrender before the trial court?
- What are the consequences of failing to surrender before the trial court within the stipulated period of protective bail?
- Section 498, Code of Criminal Procedure 1898
- Section 147, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 117, Pakistan Penal Code 1860
- Section 504, Pakistan Penal Code 1860
- Section 506(2), Pakistan Penal Code 1860
- Section 334, Pakistan Penal Code 1860
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-F(i), Pakistan Penal Code 1860
ORDER
1. ANWAR ZAHEER JAMALI, J.- Granted.
2. By this application under section 498, Cr.P.C. The applicants seek pre-arrest protective bail in Crime No,2 of 2007, Police Station Chhachar wherein they have been charged with the allegation of commission of crime punishable under sections 147, 148, 149, 117, 504, 506(2), 334, 337-A(i) and 337- F(i) P.P.C.
2. ' Learned counsel for the applicants submits that due to political rivalry, the applicants have been falsely nominated in the F.I.R. They are law abiding citizens, therefore, they intend to surrender and seek remedy from the concerned. Court for grant of pre-arrest bail in the matter, but due to the fear of their arrest in approaching the Sessions Court, they are unable to do so. He, therefore, requests that applicants may be admitted to protective bail so that they may appear before the trial Court and seek further remedy in accordance with law.
3. ' Learned Additional Advocate- General Sindh candidly concedes for admission of applicants to protective pre-arrest bail for some short period so that they may avail remedy in accordance with law.
4. Considering the submissions of learned counsel but without touching to the merits of the case, the applicants are admitted to protective bail for a period of seven days from today on their furnishing surety in the sum of Rs,50,000 (Rupees Fifty Thousand) each and P.R. Bond in the- like amount to the satisfaction of Additional Registrar of this Court.
5. ' The facility of protective pre-arrest bail shall cease to have force on expiry of aforesaid period or on surrendering of applicants before the trial Court, whichever is earlier.
6. ' In case applicants fail to surrender before the trial Court within the stipulated period, surety furnished before this Court shall stand forfeited.