NASEER AHMED And Another vs THE STATE
This matter comes before the Lahore High Court through an application for pre-arrest bail filed on behalf of the petitioners, Naseer Ahmed and Javed Ahmed, who were implicated in F.I.R. No. 130 of 2002 registered at Police Station Jhall Chakian, District Sargodha under sections 324 and 34 of the Pakistan Penal Code 1860. The core legal question concerns the grant of ad-interim pre-arrest bail to enable the petitioners to approach the appropriate court of first instance when they apprehend arrest on the way. The court held that the request for ad-interim protection was genuine and granted the petitioners ad-interim pre-arrest bail subject to furnishing surety bonds, directing them to approach the Sessions Judge, Sargodha for a proper pre-arrest bail application and to join the police investigation. The key principle laid down is that the High Court may grant limited ad-interim pre-arrest bail to facilitate access to the competent court of original jurisdiction where genuine apprehension of arrest obstructs such recourse.
- Whether ad-interim pre-arrest bail can be granted to enable petitioners to approach the concerned Sessions Court?
- Are accused persons entitled to ad-interim pre-arrest bail upon showing a genuine apprehension of arrest while en route to the lower court?
- Section 324, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
This application for pre-arrest bail has been tiled on behalf of Naseer Ahmed son of Muhammad Ameer and Javed Ahmed son of Amanat Ali who are involved in a case arising out of F.I.R. No.130 of 2002 registered on 24-5-2002 in Police Station Jhall Chakian, District Sargodha under sections 324 and 34, P.P.C.
2. The learned counsel for the petitioners has argued that the petitioners are respectable citizens and that they have been falsely implicated in this case with a mala fide intention and with ulterior motives and that they are ready and willing to furnish sufficient security for their appearance before the Court and also to join the investigation whenever so required by the Police. He has further argued that the petitioners had tried to have recourse to the Additional Sessions Judge, Sargodha but apprehending their arrest on the way they were unable to do so. He has requested that the petitioners be allowed ad-- interim pre-arrest bail so as to enable them to put in appearance before the concerned Court at Sargodha.
3. Since the request of the petitioners seems to be genuine, they are admitted to ad-- interim pre- arrest bail in the sum of Rs.50,000 each with one surety each in the like amount to the satisfaction of the learned Sessions Judge, Sargodha till 5-7-2002. On or before the said date they may file a proper application for pre-arrest bail before the learned Sessions Judge, Sargodha and also to join the investigation.
4. This order of ad-interim pre-arrest bail will lapse on 5-7-2002. With this observation, the instant application for pre --arrest bail is disposed of.