Nawabzada Syed SHAMS HAIDER vs THE STATE and another
This matter comes before the Lahore High Court through a criminal miscellaneous application seeking protective bail. The core legal question concerns the grant of protective bail to an accused apprehending arrest in a case registered under sections 302, 324, 148, and 149 of the Pakistan Penal Code 1860, where the petitioner argued he was falsely implicated to injure his political career and that only a general attribution of Lalkara was made against him. The court held that the petitioner is entitled to protective bail for a limited period to enable him to approach the appropriate forum. The key principle laid down is that protective bail may be granted for a short, fixed duration subject to appropriate surety bonds to allow an accused to approach the competent court.
- Whether an accused apprehending arrest is entitled to protective bail to approach the appropriate court?
- What is the standard duration and procedure for granting protective bail by the High Court?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
' WAQAR HASSAN MIR, J. Submits that at the relevant time of occurrence, the petitioner was conducting a meeting with his party workers at his house and he has been involved in this case just to scandalize the matter and injure his reputation as well as political carrier; that the F.I.R. Has been lodged against the petitioner under sections 302, 324, 148, 149, P.P.C. But the role ascribed to him is proverbial Lalkara; that allegedly the offence is made out in the jurisdiction of Rawalpindi Bench of this Court but the petitioner having apprehension of arrest by police, has approached for protective bail at principle seat.
2. The petitioner is admitted to protective bail for the period of one week i,e, till 30-7-2010 subject to furnishing bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction A of the Deputy Registrar (Judicial) of this Court. After expiry of said period of seven days, this order shall automatically be elapsed. Disposed of accordingly.