-Protective bail--Proclaimed Offender--It is inter-alia contended by counsel that applicant is innocent and he has falsely been implicated in this case by complainant due to enmity; that even co-accused have been acquitted by trial Court and since applicant was declared proclaimed offender, his case has been ordered to be kept dormant file,

 PLJ 2024 Cr.C. (Note) 21
[Sindh High Court, Circuit Court Hyderabad]
Present: Zafar Ahmad Rajput, J.
NADEEM--Petitioner
versus
STATE--Respondent
Cr. Bail Appln. No. S-1 and M.As. Nos. 2, 3 of 2019, decided on 1.1.2019.

Criminal Procedure Code, 1898 (V of 1898)--

----S. 498--Pakistan Penal Code, (XLV of 1860), Ss. 302, 109 & 34--Protective bail--Proclaimed Offender--It is inter-alia contended by counsel that applicant is innocent and he has falsely been implicated in this case by complainant due to enmity; that even co-accused have been acquitted by trial Court and since applicant was declared proclaimed offender, his case has been ordered to be kept dormant file, although no corroborating evidence has been produced by prosecution during trial; that applicant was having no knowledge of lodging of FIR, pending of criminal case and declaring him as proclaimed offender and it has just few days back came into knowledge of applicant that he has been declared proclaimed offender in a case; that applicant is ready to surrender before trial Court to prove his innocence; since NBWs for life has been issued against applicant, he apprehends his imminent arrest before approaching trial Court, hence he seeks protection through instant application--In order to enable the applicant to appear before Court for pre-arrest bail, applicant is granted protective bail for a period of 05 (five) days--Petition disposed of.   [Para 4] A & B

Mr. Shahid Sahito, Advocate a/w Applicant.

Date of hearing: 1.1.2019.

Order

Urgency granted.

2. Overruled.

3. Granted subject to all just exceptions.

4. Through instant application, applicant Nadeem son of Peeral Abro seeks protective bail in Crime No. 535 of 2016, registered at Police Station Kotri under Sections 302, 109, 34, PPC.

It is inter-alia contended by the learned counsel that applicant is innocent and he has falsely been implicated in this case by the complainant due to enmity; that even co-accused Ghulam Mustafa and Peer Dino have been acquitted by the trial Court vide judgment dated 22.12.2018 and since the applicant was declared proclaimed offender, his case has been ordered to be kept dormant file, although no corroborating evidence has been produced by the prosecution during trial; that the applicant was having no knowledge of the lodging of FIR, pending of the criminal case and declaring him as proclaimed offender and it has just few days back came into knowledge of the applicant that he has been declared proclaimed offender in a case; that applicant is ready to surrender before the trial Court to prove his innocence; however, since NBWs for life has been issued against the applicant, he apprehends his imminent arrest before approaching trial Court, hence he seeks protection through instant application.

Be that as it may, without touching merits of the case and in order to enable the applicant/accused to appear before the learned Court for pre-arrest bail, applicant/accused is granted protective bail for a period of 05 (five) days w.e.f 01.01.2019 to 05.01.2019 (both days inclusive), subject to his furnishing solvent surety in the sum of Rs. 25,000/-(twenty five thousand) and P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court.

Needless to mention here that this order shall cease to have effect on expiry of 05 days from today or whenever the applicant appears before the concerned Court, whichever is earlier.

Bail application stands disposed of.

(A.A.K.)          Petition disposed of