Muhammad Siddique vs The State
This matter concerns an application for protective bail filed by the applicant, Muhammad Siddique, who is implicated in Crime No. 19 of 2020 registered under Sections 302 and 34 of the Pakistan Penal Code 1860 at Police Station Lakhat. The applicant contends that he has been falsely implicated due to mala fide intentions and ulterior motives, and he expresses a willingness to surrender before the trial court but fears immediate arrest by the police. The core legal question addressed is whether the applicant is entitled to protective bail to facilitate his appearance before the competent court. Without delving into the merits of the case, the Sindh High Court granted the applicant protective bail for a period of ten days, from August 13, 2020, to August 22, 2020. The court established the principle that protective bail may be granted to enable an accused to surrender before the concerned court, provided that the order remains time-bound and subject to the furnishing of solvent surety and a personal recognizance bond.
- Can an accused be granted protective bail to facilitate their appearance before a trial court?
- Is protective bail subject to a specific time limitation?
- What are the requirements for granting protective bail in a criminal case?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. Urgent application is granted.
2. Overruled.
3. Exemption application is granted subject to all just exceptions.
4. Through instant application, applicant Muhammad Siddique s/o Ahmed seeks protective bail in Crime No.19 of 2020, registered U/S 302, 34 PPC at PS Lakhat.
Learned counsel states that the applicant is innocent and has falsely been implicated in this case due to malafide and ulterior motive; that the applicant is ready to surrender before the concerned Court in order to prove his innocence but he apprehends that he would be arrested by the police before approaching the concerned Court.
Be that as it may, without touching merits of the case and in order to enable the applicant to appear before the concerned Court he is granted protective bail for a period of 10 (ten) days comme ncing from today i.e 13.08.2020 to 22.08.2020 subject to his furnishing solvent surety in the sum of Rs.50,000/- [Rupees Fifty Thousand] and P.R Bond in the like amount to the satisfaction of Additional Registrar of this Court.
This order shall; however , cease to have an effect on 22.08.2020 after court' s hours or whenever the applicant appear before the concerned Court, whichever is earlier .
Bail application stands disposed of. 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.