MUHAMMAD ASGHAR and 3 others vs THE STATE
The petitioners sought pre-arrest bail in respect of Crime Case No. 262 registered on 1-10-1999 at Police Station Jalalpur Bhattian, District Hafizabad, under Section 16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The Lahore High Court observed that under Note 2, Rule 14, Chapter X, High Court Rules and Orders, Volume III, a bail application must first be moved before and disposed of by the court of original jurisdiction or lowest grade, which in this case is the Court of Session at Hafizabad. Consequently, the court disposed of the petition while directing that the petitioners may move the Sessions Judge, Hafizabad, for pre-arrest bail within a specified timeframe, granting interim protection against arrest during that limited period.
- Must a bail application be first moved before the court of original jurisdiction or lowest grade before approaching the High Court?
- Whether interim protection against arrest can be granted to enable petitioners to approach the lower court?
- Section 16, Offence of Zina (Enforcement of Hudood) Ordinance 1979
ORDER
' The petitioners are the accused of Crime Case No,262 registered on 1-10-1999 at Police Station, Jalalpur Bhattian, District zabad under section 16 of the Offence of Z'aa (Enforcement of Hudood)
Ordinance, :979. Apprehending their arrest they have filed this petition for their admission to pre- arrest bail.
2. Under Note 2, Rule 14 Chapter X, High Court Rules and Orders, Volume III a bail application has to be first moved before and disposed of by the Court of original jurisdiction/lowest grade which in the instant matter is the learned Court of Session at Hafizabad. The petitioners may move the learned Sessions Judge, Hafizabad till 14-9-1999 during Court hours for their admission to pre- arrest bail and during this period they shall not be arrested. Thereafter, the risk shall be entirely at the shoulders of the petitioners as this order shall become infructuous.
3. This petition, Stands disposed of.
4. Copy dasti subject to payment of usual charges.