Law: Criminal Procedure Code (V of 1898)

Section: 205,497,499

Law: Constitution of Pakistan, 1973

Section: 10-A,199

(a) Criminal Procedure Code (V of 1898)--------- ----------Ss. 205, 497 & 498---------Constitution of Pakistan, Art.10-A---------Due process of law---------Protective bail---------Attendance of accused---------Necessity---------Attorney whether could be substituted for accused---------Petitioner was aggrieved of Red Notices issued by Interpol for his arrest and had sought protective bail---------Validity---------Plea of grant of bail or protective bail in constitutional jurisdiction required to be attended carefully within parameters of Art.199 of the Constitution---------Attendance of accused could not be substituted through attorney though S.205, Cr.P.C., provided mechanism whereby a Magistrate could dispense with personal attendance of accused--------- Such provision could not be taken to expand jurisdiction of High Court to grant bail which per S.497, Cr.P.C. was subject to arrest, detention, appearance or his bringing before a Court---------Provisions of Art. 10-A of the Constitution insisted for fair trial which object could not be achieved without providing accused an opportunity to face the charge. particularly where accused himself volunteered to do so---------If accused of cognizable offence showed his intention to face his trial and resorted to constitutional jurisdiction for the purpose of enabling him to land at Pakistan to approach proper courts, then he could resort for such purpose---------Purpose of Red Notices was to seek location of a wanted person and his or her detention, arrest or restriction of movement for purposes of extradition, surrender or similar lawful action---------Such by itself was not meant to declare the 'innocence or guilt' of the person against whom a Red Notice was issued nor it was in any way prejudice the rights of fair trial of such person---------Intention of petitioner was to face charges and it would serve the purpose of Red Notice touching the object of fair trial as enshrined in the Constitution through insertion of Art.10-A of the Constitution---------High Court declined to grant bail to the petitioner but enabled him to land at the lands of Pakistan and to immediately approach the proper Court for…

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