2023 P Cr.L J 290

Protective bail --- Object , purpose and scope ---- No provision for protective bail exists in Criminal Procedure Code , 1898 --- High Courts have invoked S. 561 - A , Cr.P.C. and Art . 199 of the Constitution to accommodate accused persons to enable them to approach concerned Court for a remedy --- High Court does not touch merits of the case while allowing such requests --- Protective bail has a limit purpose and is for a fixed --- Such bail is not in the nature of anticipatory or pre - arrest bail granted under S. 498 , Cr.P.C .--- When accused appears before concerned Court , it deals with him independently and protective bail does not entitle him to pre - arrest bail as of right .
Protective / transitory bail --- Petitioner sought protective / transitory bail at the time of his arrival in Pakistan for himself to approach Court of competent jurisdiction to seek pre - arrest bail --- Validity --- Courts are guardians of fundamental rights of people and Art . 199 of the Constitution empowers High Courts to issue appropriate direction for their enforcement --- When petitioner was outside Pakistan and wished to surrender before Courts of the country to face criminal proceeding those were pending against him , High Court had ample powers to protect petitioner from being arrested on his arrival and allowed him transitory bail --- Protective bail was justified because without it petitioner could choose not to surrender at all and to remain a fugitive -