KARAM BEGUM Versus D.S.C.

Criminal Bail Application No.520 of 1994, decided on 9th June, 1994.

Summary

This is a criminal miscellaneous application seeking protective bail before the Sindh High Court. The core legal question concerns whether protective bail should be granted to an accused apprehending arrest by police outside the trial court. The court held that the applicant is entitled to protective bail to enable approach to the appropriate forum. The final order of the court granted protective bail to the applicant in the sum of Rs.50,000 with one surety and P.R. bond in the like amount to the satisfaction of the Nazir of the court for a period of two weeks, and Criminal Bail No.520 of 1994 stood disposed of accordingly.

Questions settled in this judgment

Whether protective bail can be granted to an accused apprehending arrest before approaching the trial court?
What are the terms and duration typically required for granting protective bail by the High Court?

protective bailcriminal bailarrest apprehensionspecial judgebail application

ORDER.

ABDUL HAFEEZ MEMON, ACTG. CJ. --- Applicant Bahadar is one of the several accused named in the F.I.R. lodged at Police Station Padidan, District Naushahro Feroze. Learned counsel for the applicant A contends that the applicant- has been falsely involved and that he only needs protective bail to enable the applicant to approach the Court of Special Judge, S.TA. Nawabshah for anticipatory bail as he cannot do so because the said Couipt is surrounded by police and it is apprehended that before the applicant is able to move the bail application, he will be arrested by the police.

In the circumstances, we grant protective bail to the applicant in the sum of Rs.50,000 with one surety and P.R. bond in the like amount to the l, satisfaction of the Nazir of. this Court, for a period of two weeks to enable the applicant to approach the Court of Special Judge, S.TA., Nawabshah.

In case no application is made for bail before arrest before the aforesaid Court within the time given as above, this order shall stand recalled.

Criminal Bail No.520 of 1994 stands disposed of.

N.H.Q./B-257/K Protective bail granted.

Judges on this bench

Abdul Hafeez Memon273 judgments
G. H. Malik121 judgments