Samiuulah vs The State
This matter concerns an application for protective bail filed by the applicant, Samiullah, who sought relief to surrender before the concerned trial court in connection with Crime No. 20 of 2020, registered at Police Station Railway Police, Hyderabad. The applicant faced allegations under Sections 420 and 34 of the Pakistan Penal Code 1860, along with Section 5(2) of the Prevention of Corruption Act 1947. The core legal question was whether the applicant, fearing arrest due to the issuance of non-bailable warrants, was entitled to temporary protective bail to facilitate his appearance before the trial court. The Court, without expressing any opinion on the merits of the case, granted protective bail for a period of ten days. The holding established that protective bail may be granted to enable an accused to surrender before the appropriate forum, provided the applicant furnishes solvent surety. The key principle laid down is that the High Court may exercise its discretion to grant temporary protective bail to prevent immediate arrest, thereby allowing the accused to seek regular bail or face trial before the court of competent jurisdiction.
- Can the High Court grant protective bail to an accused against whom non-bailable warrants have been issued?
- Does the grant of protective bail require an examination of the merits of the underlying criminal case?
- What is the effect of protective bail on outstanding non-bailable warrants?
- Section 420, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 5(2), Prevention of Corruption Act 1947
ORDER
1. Urgent application is granted.
2. Overruled.
3. Exemption application is granted subject to all just exceptions.
4. Through instant application, applicant Samiullah s/o Noor-ul-Hassan seeks protective bail in Crime No.20 of 2020, registered U/S 420, 34 PPC 5(2) 47 PPC at PS Railway Police Station, Hyderabad.
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 as the trial Court has already issued NBW against applicant.
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 10.08.2020 to 19.08.2020 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. The NBW issued, if any, against the applicant shall remain suspended till next date of hearing.
This order shall; however , cease to have an effect on 19.08.2020 after court' s hours or whenever the applicant appear before the concerned Court, whichever is earlier .
Bail application stands disposed of.