Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 498,561-A

(a) Constitution of Pakistan--- ----Art. 199---Criminal Procedure Code (V of 1898), Ss. 498, 561-A---Constitutional petition---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. Naseer Ahmed and another v. The State 2009 PCr.LJ 1430 rel. (b) Constitution of Pakistan--- ----Art. 199---Criminal Procedure Code (V of 1898), Ss. 498, 561-A---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--- Constitutional petition was allowed, in circumstances. Bremer Vulkan Schiffbau Und Maschinenfabrik v. South India Shipping Corporation Ltd. [1981 AC 909 = 1981 (1) All ER 289]; R v. Secretary of State for the Home Department ex parte Leech, [1994] QB 198; R v. Lord Chancellor ex parte Wiltham [1998] QB 575; Miss Benazir Bhutto v. Federation of Pakistan and another PLD 1988 SC 416; Government of Balochistan through Additional Chief Secretary v. Azizullah Memon and 16 others PLD…

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