MUHAMMAD JAMAL vs FEDERATION OF PAKISTAN and 2 others
This petition was filed seeking protective bail by the petitioner, who was residing abroad and apprehended arrest upon his return to Pakistan in connection with F.I.R. No. MCC/Misc/140/2011-R&D, registered with the Model Customs Collectorate, Karachi. The alleged offences involved violations of the Customs Act, 1969, the Sales Tax Act, 1990, and the Income Tax Ordinance, 2001. The petitioner sought this relief to facilitate his return to Pakistan and subsequent surrender before the competent trial court. Without expressing any opinion on the merits of the underlying case, the High Court granted the petitioner protective bail for a period of 15 days, expiring on April 27, 2011. This grant was conditional upon the petitioner furnishing solvent surety in the amount of Rs. one million, along with a Personal Recognizance (P.R.) bond of an equivalent sum to the satisfaction of the Court's Nazir. The Court explicitly cautioned that this concession would not be extended under any circumstances and that failure to surrender before the trial court within the specified period would result in the forfeiture of the surety amount.
- Can a High Court grant protective bail to a petitioner residing abroad to facilitate their surrender before a trial court?
- Is the grant of protective bail subject to the furnishing of solvent surety and a personal recognizance bond?
- Does the grant of protective bail imply any determination on the merits of the underlying criminal case?
- Section 32, Customs Act, 1969
- Section 79, Customs Act, 1969
- Section 155(A), Customs Act, 1969
- Section 155(C), Customs Act, 1969
- Section 155(E), Customs Act, 1969
- Section 155(F), Customs Act, 1969
- Section 192, Customs Act, 1969
- Section 156(1), Customs Act, 1969
- Section 33, Sales Tax Act, 1990
- Section 148, Income Tax Ordinance, 2001
ORDER
1. ' This petition has been filed for grant of protective bail as the petitioner who is out of the country apprehends that as soon as he returns to Pakistan he will be arrested in F.I.R. No, MCC/Misc/140/ 2011-R&D dated 18-3-2011 registered with Model Custom Collecotrate of PaCCS, Customs House, Karachi for offences under sections 32, 79, 155(A)(C)(E) and (F) and 192 of the Customs Act, 1969, section 33 of Sales Tax Act, 1990 and section 148 of the Income Tax Ordinance, 2001 and under clause 1, 9, 14, 77 and 86 of section 156(1) of the Customs Act, 1969 clause 11(C) of section 33 of Sales Tax Act, 1990 and section 148 of Income Tax Ordinance, 2001 and therefore seeks protective bail so that he may come to Pakistan and surrender before the trial Court.
2. Without touching the merits of the case, we are admitting the petitioner to protective bail for a period of 15 days from today i,e, upto 27th April, 2011 to surrender before the trial Court subject to furnishing solvent surety in the sum of Rs,one million along with a P.R. Bond of the same amount to the satisfaction of the Nazir of this Court.
3. ' The petitioner is cautioned that this concession of protective bail will not be extended for any reason whatsoever and if he does not surrender before the trial Court during the validity of this protective bail, the amount of surety shall be forfeited. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 4 cases
- Imran Ahmad Khan Niazi vs Syed Asim Ghaffar etc 2023 LHC 2608, PLJ 2024 Cr.C. 423
- Malik Azmat Ullah vs Federation of Pakistan through Secretary, Ministry of Interior and 10 others 2023 PCRLJ 290
- Mrs ASMA ALAMGIR vs FEDERATION OF PAKISTAN and others 2017 IHC 88, 2017 YLR 1626
- Mrs. Asma Alamgir vs Federation of Pakistan and others 2017 IHC 88