GHULAM ASGHAR and 3 others vs THE STATE
This matter concerns an application for protective pre-arrest bail filed by four applicants who were declared absconders in the charge sheet and against whom non-bailable warrants of arrest had been issued by the trial court. The core legal question was whether the High Court could grant protective bail to enable the applicants to surrender before the trial court to seek regular bail, given the risk of immediate incarceration upon their appearance. The court held that, without expressing any opinion on the merits of the case, the applicants were entitled to protective bail for a limited duration. The court suspended the operation of the non-bailable warrants for fourteen days, subject to the furnishing of solvent surety. The key principle laid down is that the High Court may exercise its jurisdiction to grant protective bail to facilitate an accused's appearance before the trial court, thereby preventing immediate detention and allowing the accused to seek appropriate relief from the trial court, provided the applicants furnish the required security.
- Can the High Court grant protective bail to an accused declared as an absconder by the trial court?
- Does the issuance of non-bailable warrants by a trial court preclude the High Court from granting protective bail?
- Is protective bail permissible to allow an accused to surrender before a trial court without immediate remand?
- Section 17(3), Offences Against Property (Enforcement of Hudood) Ordinance 1979
- Section 403, Pakistan Penal Code 1860
- Section 390, Pakistan Penal Code 1860
ORDER
' SYED SHAFQAT ALI SHAH MASOOMI, J.---1. Granted.
2. Granted subject to all just exceptions.
3. By this application applicants Ghulam Asghar, Ghulam Siddique, Gulab and Shamasuddin alias Ghulam Nabi have sought protective pre arrest bail in Crime No,29 of 2008, of Police Station Nasirabad, registered for offense under section 17(3) Offences Against Property (Enforcement of Hudood) Ordinance, 1979, sections 403, 390, P.P.C.
Learned counsel submits that on completion of usual investigation the Investigating Agency has filed charge sheet, showing present applicants as absconding, and now the trial Court has issued NBWs against them and the police is after the applicants to arrest them in above case/crime. He further contended since the applicants are shown absconders in the challan and the trial Court has issued non bailable warrants of arrest against them, therefore, they will be directly remanded to jail if they appear before the learned trial Court without deciding their bail before arrest application on merits. Learned counsel further contended that there is dispute between the parties over landed property and due to such enmity the applicants have been falsely involved in the case. He further contends that the applicants are respectable persons and if they are arrested, naturally they will be humiliated and tortured at the hands of police.
' In view of submissions made by the learned counsel for the applicants and without touching to merits of the case, protective bail is granted to applicants for fourteen days on their furnishing solvent surety in the sum of Rs, 100,000 (One lac) each and P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court. The operation of NBWs issued against the applicants by the trial Court is suspended. This order shall seize to have effect upto 30-4-2009.