Ahsan Ali S/o Muhammad Anwar vs The State
This matter concerns an application for protective bail filed by the applicant, Ahsan Ali, who is implicated in crime No. 51/2023 registered under Sections 114, 116, 468, 471, and 420 of the Pakistan Penal Code 1860 at Police Station Railway Khanaywal. The core legal question before the court was whether the applicant, claiming innocence and alleging false implication based solely on the statements of co-accused, was entitled to protective bail to approach the trial court. The court, without delving into the merits of the allegations, granted the applicant protective bail for a period of ten days to enable him to surrender before the trial court. The court further permitted the applicant to deposit a cash amount with the Nazir as a tangible security in lieu of solvent surety, given the practical difficulties in arranging surety at the time. The key principle laid down is that protective bail may be granted to an accused to facilitate their appearance before the competent trial court, provided they furnish the required security, which can include cash deposits in exceptional circumstances.
- Can an accused be granted protective bail to surrender before a trial court?
- Is a cash deposit permissible as a form of security for protective bail when solvent surety cannot be immediately arranged?
- Section 114, Pakistan Penal Code 1860
- Section 116, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
ORDER
1. Urgency granted.
2. Exemption granted.
3. The applicant has applied for protective bail in crime No.51/2023 under Section 114/116, 468, 471, 420 PPC at P.S. Railway Khanaywal.
Learned counsel submits that applicant is innocent and the railways tickets allegedly booked by the complainant have not been recovered from the possession of the applicant/accused. He further contended that the applicant/accused has been implicated at the statement of his colleagues working in the agency and it is settled principle that statement of co-accused is not sufficient ground to involve him in the alleged offence. He further contends that the police due to animosity is trying to arrest the applicant/accused in order to defame him in the society, therefore, protective bail may be granted.
Without touching the merits of the case, the applicant is granted protective bail for ten (10) days to surrender himself before the trial court subject to his furnishing solvent surety in the sum of Rs.40,000/- (forty thousand) and P.R bond in the like amount to the satisfaction of Nazir of this court. This order will remain in force for seven (07) days from today or to the date on which the applicant will surrender himself before the trial court, whichever is earlier. At this stage, learned counsel for the applicant/accused submits that the applicant may be permitted to deposit cash amount with the Nazir as a tangible security/surety as he could not arrange the surety as well as the banks are not working today, therefore, the applicant/accused may be allowed to deposit cash amount with the Nazir. Order accordingly.
The bail application is disposed of.