Syed AIJAZ ALI SHAH SHIRAZEE and anothers vs THE STATE
This matter concerns an application filed under Section 561-A of the Code of Criminal Procedure 1898, seeking exemption from personal appearance and the grant of protective bail. The applicants alleged that they were unable to appear before the Court due to the presence of police forces within the High Court premises, who were allegedly attempting to arrest them at the behest of a hostile Senior Superintendent of Police. The applicants further contended that they were involved in pending constitutional petitions against the same police official regarding the non-registration of a First Information Report concerning the murder of their employee. The Court observed that the applicants had established a valid case for relief given the circumstances of potential harassment and the inability to safely access the Court. Consequently, the Court allowed the application, dispensed with the personal attendance of the applicants, and granted them protective bail in the sum of Rs. 2,00,000 each, enabling them to approach the relevant Sessions Court for regular bail, with the protective order set to expire on a specified date.
- Can the High Court grant protective bail to applicants who fear arrest within the court premises?
- Does the High Court have the authority to dispense with the personal appearance of applicants under Section 561-A of the Code of Criminal Procedure 1898?
- Is protective bail a valid remedy when applicants are unable to approach a trial court due to police intimidation?
- Section 561-A, Code of Criminal Procedure 1898
ORDER
1. Exemption Application is granted.
2. Learned counsel for the applicants has also filed an application under section 561-A, Cr .P.0 . For their exemption from appearance in Court on the ground that the applicants were present in Court and swore their affidavits in support of the application on 13-7-2000 which could not be placed in Court on that day as they were being chased by the police party inside the Court premises and to avoid arrest they slipped away.
' Thereafter the applicants tried to come to the Court but the building was cordoned by the police.
Learned counsel submit that even at 6-25 p.m. Today uniformed police men are standing at all the gates of the High Court and two police officials in mufti are sitting near the Court. The Court staff has confirmed that two unidentified persons who do not have any matter before this Court are sitting in the corridor. Learned counsel submits that the police wants to arrest the applicants because the S.S.P., Thatta is hostile towards them and wants to harass and defame them. Further, two Constitutional Petitions namely, C.P. S-219 of 2000 and C.P. No, S-539 of 1999 are also pending in this Court against the said S.S.P. And other police officials for not registering a F.I.R. Against police officials for murder of their employee. Counsel requests that personal attendance of the applicants at this time be dispensed with by this Court as it is not possible for them to appear for fear of arrest.
In the circumstances stated above the applicants have made out a case for grant of relief. The application is accordingly allowed; the applicants are exempted from personal appearance, and protective bail is granted to the applicants in the sum of Rs, 2,00,000 (Rupees Two Lac only) each with PR bond in the like amount to the satisfaction of the Nazir of this Court to enable the applicants to. Appear before the Sessions Judge, Thatta for obtaining bail from the said Coat. It is clarified that' the protective bail shall expire on 26-7-2000 or earlier when the applicants appear before the Sessions Judge, Thatta.
Cited by 1 case
- FARRUKH SAYYAR KHAN vs THE STATE and another 2005 MLD 519