Muhammad Asif and Qazi Abid Aziz vs NOT
This matter concerns an application for protective bail filed by the accused, Muhammad Asif and Qazi Abid Aziz, in connection with Crime No. 80/2013 registered at the Federal Investigation Agency (FIA) Crime Circle, Karachi. The applicants faced charges under Sections 420, 468, 471, and 109 of the Pakistan Penal Code 1860, read with Section 5(2) of the Prevention of Corruption Act 1947. The core legal question was whether the applicants were entitled to protective bail to enable their surrender before the competent trial court, given their apprehension of arrest within the court premises. The High Court, without expressing any opinion on the merits of the case, granted the applicants protective bail for a period of ten days. The court held that protective bail is a procedural mechanism to facilitate an accused's appearance before the appropriate forum to seek regular relief. The principle laid down is that protective bail may be granted to ensure an accused can surrender before a trial court, subject to the furnishing of surety and a strict time limit, after which the order ceases to have effect.
- Can protective bail be granted to an accused to facilitate their surrender before a trial court?
- Does the grant of protective bail require the court to examine the merits of the underlying criminal case?
- What are the consequences if an accused fails to appear before the concerned court within the period of protective bail?
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
1. Urgency application is granted.
2. Office objection overruled.
3. Exemption granted for all just exceptions.
4. Through this protective bail application the applicants/accused have prayed the following relief.
" In view of the above facts and grounds, therefore, it is prayed that this Honorable Court may be pleased to admit the Applicant/Accused on Protective bail to enable Applicants/Accused to surrender before the learned Special Judge Anti-Corruption Central (II) at Karachi in the best interest of the fine justice."
Applicants/accused are present alongwith their advocate, who has been heard for grant of protective bail in favour of the applicants in Crime No.80/2013, registered at P.S. FIA Crime Circle, Karachi under Section 420, 468, 471, 109 PPC read with Section 5(2) Prevention of Corruption Act-II, 1947.
It is argued by the learned counsel for the applicants that the case against the applicants/accused is false and has been registered due to enmity. Per learned counsel the applicants intend to surrender before the concerned Court of Law for appropriate relief and to join trial Court but since the Anti-Corruption Establishment Police remained available within the premises of the concerned Court, therefore, the applicants could not be able to appear before the said Court.
Without touching upon merits and demerits of the case, the applicants are granted protective bail for a period of ten (10) days commencing from today, subject to furnishing surety in the sum of Rs.50,000/- (Rupees Fifty Thousand) each and P.R. Bond in the like amount to the satisfaction of Nazir of this Court. This order shall cease to have effect on expiry of aforesaid period of ten (10) days. In case the applicants failed to appear before the concerned Court the surety amount will be forfeited.
This bail application stands disposed of in the above terms.