Before S. A. Rabbani, SIKANDAR ALI vs THE STATE
The applicant sought post-arrest bail in a criminal case pending before the VI-Additional Sessions Judge, Larkana, involving charges under sections 401 and 399 of the Pakistan Penal Code 1860, and section 17/1 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The trial court had previously refused bail primarily on the ground that the applicant was an absconder. Before the High Court, it was conceded by the State that the applicant had been declared a proclaimed offender without the mandatory publication of notice in newspapers. Additionally, it was noted that co-accused in the same case had already been granted bail. Considering these circumstances, the High Court held that the applicant was entitled to the concession of bail. The court granted the bail application, subject to the furnishing of a surety bond in the sum of Rs. 75,000 and a personal recognizance bond in the like amount to the satisfaction of the trial court.
- Does the failure to publish a notice in newspapers invalidate a declaration of a proclaimed offender for the purpose of bail?
- Can an accused be granted bail if co-accused in the same case have already been released on bail?
- Section 401, Pakistan Penal Code 1860
- Section 399, Pakistan Penal Code 1860
- Section 17/1, Offences Against Property (Enforcement of Hudood) Ordinance, 1979
ORDER
1. 'The applicant is facing trial before VI-Additional Sessions Judge, Larkana for offences under sections 401, 399, P.P.0 and 17/1, Offences Against Property (Enforcement of Hudood) Ordinance, 1979: ' His bail plea has merely been refused by the learned trial Court on the ground that he remained absconder. Learned State Counsel admits that although he was declared proclaimed offender the notice was not published in newspapers before that. Mr. Muhammad Saleem Jesar submits that co-accused have already been granted bail.
2. ' In view of the above facts and circumstances the applicant is admitted to bail subject to surety in the sum of Rs, 75,000 and P.R Bond in the like amount to the satisfaction of the trial Court.