MUHAMMAD AKBAR vs THE STATE
This matter comes before the Sindh High Court on an application seeking protective bail in a criminal case. The core legal question concerns whether the applicant, apprehending arrest pursuant to non-bailable warrants and alleging false implication and discrepancy in parentage in the First Information Report, is entitled to protective bail to enable surrender before the trial court. The court held that without touching the merits of the case, the applicant is admitted to protective bail for a period of seven days subject to furnishing the requisite surety. The key principle laid down is that protective bail may be granted for a limited duration to facilitate an accused person in surrendering before the competent trial court to seek appropriate pre-arrest remedies.
- Is an accused person entitled to protective bail to enable surrender before the trial court when apprehending arrest?
- What is the standard duration and surety requirement for granting protective bail in the High Court?
- Does the grant of protective bail involve a detailed assessment of the merits of the criminal case?
ORDER AQEEL AHMED ABBASI, J.-- Granted.
2. Deferred.
3. Granted subject to all just exceptions.
4. It is inter alia contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the instant crime by the prosecution, whereas father's name of the applicant is also different as mentioned in the F.I.R. Per learned counsel, police is causing harassm ent to the applicant and there is serious apprehension that he may be arrested. Learned counsel further states that it is learnt that non-bailable warrants have been issued against the applicant, who himself want to surrender before the learned trial Court and to face trial. It is further contended by the learned counsel that the applicant has thrown himself at the mercy of this court and prayers that he may be admitted to protective bail.
Without touching the merits of the case, the applicant is admitted to protective bail for seven days subject to furnishing surety in the sum of Rs.50,000 (Rupees Fifty thousand only) with P.R. Bond in the like amount to the satisfaction of Nazir of this Court, to enable him to surrender before the learned trial Court and seek bail before arrest.
Needless to mention that this order will cease to have effect on or before the expiry of seven days or on the date when the applicant/accused appears before the trial court for seeking bail before arrest, whichever is earlier.