Can the protective bail be granted without touching merits?

PLJ 2012 Tax Cases (Kar.) 1 (DB)

Present: Muhammad Athar Saeed and Irfan Saadat Khan, JJ.

MUHAMMAD JAMAL--Petitioner

versus

FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad and 2 others--Respondents

C.P. No. D-1090 of 2011, decided on 12.4.2011.

Constitution of Pakistan, 1973--

----Art. 199--Criminal Procedure Code, (V of 1908), S. 498--Customs Act, 1969, Ss. 32, 79, 155(A)(C)(E) & (F) & S. 156(1)(i), 9, 14, 77 & 88--Sales Tax Act, 1990, Ss. 33(11)(c)--Income Tax Ordinance 2011, S. 148--Constitutional petition--Sought protective bail--Granted for 15 days subject to surrender before trial Court--Validity--Without touching merits, protective bail for period of 15 days to surrender before trial Court subject to furnishing solvent surety in sum of Rs. one million along with P.R. Bond of same amount to satisfaction of High Court--Concession of protective bail would not be extended for any reason whatsoever and if accused did not surrender before trial Court during validity of protective bail, amount of surety would be forfeited.  [P. 2] A & B

Syed Mehmood Alam Rizvi, Advocate for Petitioner alongwith Mr. Irfan Aziz Advocate.

Date of hearing: 12.4.2011.

Order

This petition has been filed for grant of protective bail as the petitioner who is out of the country apprehends that as soon as he returns to Pakistan he will be arrested in FIR No. MCC/Misc/142/2011-R&D dated 18.03.2011 registered with Model Customs Collectorate of PaCCS, Customs House, Karachi for offences under Sections 32, 79, 155 (A) (C) (E) & (F) and 192 of the Customs Act, 1969, Section 33 of Sales Tax Act, 1990 & Section 148 of the Income Tax Ordinance, 2001 and under clause 1, 9, 14, 77 & 86 of Section 156(1) of the Customs Act, 1969 clause 11 (C) of Section 33 of Sales Tax Act, 1990 and Section 148 of Income Tax Ordinance 2001 and therefore seeks protective bail so that he may come to Pakistan and surrender before the trial Court.

Without touching the merits of the case, we are admitting the petitioner to protective bail for a period of 15 days from today i.e. upto 27th April 2011 to surrender before the trial Court subject to furnishing solvent surety in the sum of Rs. One million alongwith a P.R. Bond of the same amount to the satisfaction of the Nazir of this Court.

The petitioner is cautioned that this concession of protective bail will not be extended for any reason whatsoever and if he does not surrender before the trial Court during the validity of this protective bail, the amount of surety shall be forfeited.

(R.A.)  Petition allowed