QADIR BUX alias KARO and 2 others vs THE STATE
This matter concerns an application for protective bail filed by three individuals who were initially not found to be involved in the investigation by the police but were subsequently summoned as accused persons by the trial court via an order dated 3-11-2004, which also issued non-bailable warrants for their arrest. The applicants contended that they intended to surrender before the trial court but were unable to do so due to the risk of immediate arrest by the police. The core legal question was whether, in the interest of justice and to facilitate the applicants' surrender before the trial court, protective bail should be granted. The High Court, without expressing any opinion on the merits of the case, held that protective bail was appropriate to enable the applicants to appear before the trial court. Consequently, the court granted protective bail to the applicants, subject to the furnishing of solvent surety and personal recognizance bonds, with the order remaining effective until a specified date or until the applicants surrendered before the trial court, whichever occurred earlier.
- Can a high court grant protective bail to accused persons to enable them to surrender before a trial court?
- Does the grant of protective bail require an examination of the merits of the underlying criminal case?
ORDER
1. RAHMAT HUSSAIN JAFFERI, J.--- The learned advocate for the applicants has stated that the police during the investigation did not find any tangible evidence against the applicants, therefore, they were released, but the trial Court vide order dated 3-11-2004 has joined them as accused persons and has issued non-bailable warrants for their arrest; that the applicants wanted to appear before the trial Court and surrender themselves but they could not do so, as the police were following them to arrest them, therefore, learned Advocate for the applicants has stated that protective bail may be granted so that the applicants may surrender before the trial Court.
2. ' In the circumstances, without touching the merits of the case, protective bail is granted to the applicants in the sum of Rs,1,00,000 (Rupees one lac) each on furnishing solvent surety with P.R bonds in the like amount to the satisfaction of Additional Registrar of this Court. This order will cease to operate on 1-8-2007 or when the Applicants surrender before the Court whichever is earlier.
3. ' The application is disposed of in the above terms.