AFTABUDDIN ALVI vs THE STATE
This matter concerns an application for protective pre-arrest bail filed by an accused who had absented himself from trial proceedings before the Special Judge, S.T.A., Karachi. The applicant, facing charges under sections 399 and 402 of the Pakistan Penal Code 1860, had previously been on bail but failed to attend court since August 1997 due to personal difficulties. Consequently, the trial court issued non-bailable warrants against him. The applicant sought protective bail to surrender before the trial court without the immediate risk of being remanded into custody upon appearance. The Sindh High Court, without expressing any opinion on the merits of the underlying criminal case, granted the applicant protective bail for a period of one week or until his appearance before the trial court, whichever occurred earlier. This relief was conditioned upon the applicant furnishing solvent surety in the amount of Rs. 1,00,000 and a personal recognizance bond in the same amount to the satisfaction of the Nazir of the Court, thereby facilitating his surrender to the trial court's jurisdiction.
- Can an accused who has absented himself from trial proceedings be granted protective bail to surrender before the trial court?
- Is it permissible for a High Court to grant protective bail without touching the merits of the criminal case?
- What conditions can be imposed by a High Court when granting protective bail to an accused facing non-bailable warrants?
- Section 399, Pakistan Penal Code 1860
- Section 402, Pakistan Penal Code 1860
ORDER
1. It is contended that the applicant, while on bail, was all along attending the Court of Special Judge, S.T.A., Karachi facing trial for an offence under sections 399 and 402, P.P.C. And he absented himself in the month of August, 1997 and thereafter due to his personal problems, could not attend the trial Court. It is further contended that the learned trial Court issued non-bailable warrants against the applicant and also notice to the surety. It is stated that now the applicant wants to surrender before the trial Court but in view of the N.B.W. He is afraid that he might be immediately remanded to custody on this appearing before the trial Court. The prayer, therefore, is that the applicant may be granted protective pre-arrest bail so as to enable him to approach the trial Court.
2. ' Syed Jalil Hashmi, A.A.-G. Who is present in Court.In other matters, has waived the notice of this application.
3. Without touching the merits of the case, protective bail is granted to the applicant for one week till 12-9-2000 or the date on which he appears before the trial Court, whichever is earlier, subject to his furnishing solvent surety in the sum of Rs,1,00,000 (Rupees One lac only) and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.