Irfan Ahmed S/O Muhammad Hayat vs The State
The applicant sought protective bail in respect of crime registered under Section 324/34 of the Pakistan Penal Code 1860 at Police Station Sahil, Karachi. The core legal question was whether the applicant was entitled to protective bail pending surrender before the trial court, particularly given the contention of false implication and the existence of doubt in the FIR. The court held that without touching the merits of the case, the applicant was entitled to protective bail for a limited duration. The key principle laid down is that protective bail may be granted for a short, specified period to enable an accused to approach the competent trial court, subject to the furnishing of requisite surety, without examining the merits of the underlying criminal accusation.
- Is an accused entitled to protective bail to enable surrender before the trial court?
- Can protective bail be granted without touching the merits of the criminal case?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
1. Urgency granted
2. Exemption granted.
3. The applicant has applied for protective bail in crime No.149/2023 under Section 324/34 PPC at P.S. Sahil, Karachi.
Learned counsel submits that applicant is innocent and has been entangled in this false case. He further contended that from the contents of FIR it is clear that the complainant has doubt upon the applicant/ accused which is a sufficient ground for bail, 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.50,000/- (fifty thousand) and P.R bond in the like amount to the satisfaction of Nazir of this court.
This order will remain in force for ten (10) days from today or to the date on which the applicant will surrender himself before the trial court, whichever is earlier.
The bail application is disposed of.