2010 P Cr. L J 589

AFRAHIM SHAKEEL vs THE STATE and 4 others

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Citation2010 P Cr. L J 589

CourtLahore High Court

Case No.Criminal Miscellaneous No,582/B of 2007

Date2007-05-25

Judge(s)Syed Sajjad Hussain Shah

ResultOrder accordingly

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a petition filed before the Lahore High Court seeking pre-arrest bail in connection with F.I.R. No. 115, dated 8-6-2005, registered under Section 394/34 of the Pakistan Penal Code 1860 at Police Station Sihala, District Islamabad. During the proceedings, the petitioner's counsel opted not to press the petition for pre-arrest bail before the High Court, expressing an intention to approach the Sessions Judge, Islamabad, in the first instance. Consequently, the counsel requested the grant of protective bail to facilitate this approach. The Court, acknowledging the petitioner's decision to pursue the appropriate forum, allowed the request for protective bail. The Court held that the petitioner is granted protective bail for a period of five days, effective until 29-5-2007, to enable him to move the Sessions Judge, Islamabad, for pre-arrest bail. The order stipulates that the petitioner shall not be arrested during this specified timeframe, after which the protective bail order shall cease to have effect.

Questions settled in this judgment

Can a High Court grant protective bail to a petitioner to enable them to approach a Sessions Court for pre-arrest bail?
Does a protective bail order cease to have effect after the expiry of the specified time period?

Laws & provisions referred

Section 394, Pakistan Penal Code 1860
Section 34, Pakistan Penal Code 1860

pre-arrest bailprotective bailcriminal procedurejurisdictionbail application

ORDER

' SYED SAJJAD HUSSAIN SHAH, J.--- Through the instant petition, the petitioner seeks pre-arrest bail in a case F.I.R. No,115 dated 8-6-2005 registered under section 394/34, P.P.C. At Police Station, Sihala, District Islamabad.

2. After arguing the case at some length, learned counsel does not press this petition and decided to move pre-arrest bail of the petitioner before the learned Sessions Judge, Islamabad at the first instance and prays for protective bail.

3. The petitioner is allowed protective bail for five days to enable him to approach the learned Sessions Judge, Islamabad for his bail before arrest. Till 29-5-2007 the petitioner shall not be arrested on which date this order shall cease to have its effect.