Karim Bux Magsi & Another vs The State
This matter concerns an application for protective bail filed by two applicants, Karim Bux Magsi and Ali Ahmed Magsi, who were implicated in Crime No. 28/2020 registered at Police Station Piaro Lund, District Tando Allahyar, for offenses under Sections 324, 109, and 34 of the Pakistan Penal Code 1860. The applicants asserted their innocence and alleged false implication, expressing a desire to surrender before the competent trial court to seek pre-arrest bail. Fearing imminent arrest by the police, they sought protective bail to facilitate their appearance. The Court, without expressing any opinion on the merits of the case, granted the applicants protective bail for a period of seven days. This relief was conditional upon the applicants furnishing solvent surety in the sum of Rs. 40,000 each and a personal recognizance bond in the same amount to the satisfaction of the Additional Registrar. The order stipulates that the protective bail shall expire after seven days or upon the applicants' surrender before the concerned court, whichever occurs earlier.
- Can a high court grant protective bail to an accused to enable them to surrender before a trial court?
- Is it necessary to touch upon the merits of the case when granting protective bail?
- What is the standard duration for protective bail granted by the High Court in this context?
- Section 324, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1&3. Granted.
2. Overruled.
4. Applicants Karim Bux Magsi and Ali Ahmed Magsi seek protective bail in Crime No.28/2020 registered at P.S Piaro Lund District Tando Allahyar u/s 324, 109, 34 PPC.
It is, inter alia, contended that the applicants are innocent and have been falsely implicated in the present case, however , want to appear and surrender before the concerned Court to seek pre-arrest bail in accordance with law.
Due to imminent arrest at the hands of police, they have filed this application for protective bail to surrender before the concerned Court.
Without touching the merits of the case, the applicants are admitted to protective bail for a period of seven (7) days from today subject to their furnishing solvent surety in the sum of Rs.40,000/- (forty thousand only) each and P.R Bond in the like amount to the satisfaction of Additional Registrar of this Court.
This order shall cease to have its effect on expiry of seven (7) days on 10.08.2020 or on surrender of the applicants before the concerned Court, whichever is earlier .
The bail application stands disposed of.