2002 PLP 68 (YLR)

Ss. 498 & 561-A

Grant of protective bail and exemption from appearance in Court

Accused persons had alleged police wanted to arrest them because S.S.P being hostile towards them wanted to haras and defame them

Two Constitutional petitions were also pending before High Court against the said S. S. P. and other police officials for not registering an F.I.R. again; police officials for murder of their employee -Counsel for accused had requested the personal attendance of accused person be dispensed with as it was not possible for them to appear before Court for fear of their arrest

Accused having made out a case for grant of relief, their application under S.561-A; Cr. P. C. was allowed

Accused were exempted from personal appearance and protected bail was also granted to them. Syed Mehmood Alam Rizvi and, S. M. Iqbal for Applicants. Date of hearing: 17th July, 2000

1. Exemption Application is granted:

2. Learned counsel for the applicants has also filed an application under section 561-A, Cr.P.C. 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 Court. It is clarified that the protective bail shall expire on 26-7-2000 or earlier when the applicants appear before the Sessions Judge, Thatta. H.B.T./A-350/K Bail granted: