The petitioner has prayed for grant of interim protective bail in case FIR No, 43/2004 dated 21.3.2004 under Sections 324, 34, PPC registered at Police Station Alilah, Shah Faisal Town Karachi East.
2. Heard. Record perused.
3. Learned counsel for the petitioner submits that according to FIR occurrence took place on 21.3.2004 but on the said date (21.3.2004) petitioner was not present in Pakistan, as he remained abroad from 1.3.2004 to 5.9.2007. Further submits that petitioner came to know about the present case on 5.9.2007 and that police intends to arrest him, therefore, he has prayed for interim protective bail for few days in order to approach Sessions Judge, Karachi. He has relied upon the case of Malik Mukhtar Ahmad Awan vs. the State (1990 PCr. L.J. 617) and Ch. Allah Ditta vs. The State (1989 P.Cr. L.J. 2152). Learned D.P.G. submits that this Court has jurisdiction to grant interim protective bail and in the circumstances of the case, petitioner deserves interim protective bail.
4. I have considered the submissions made by learned counsel for the petitioner with care. The allegation against the petitioner is that he alongwith his "co-accused caused injuries on the person of Asghar Khan Niazi. As stated earlier the case of petitioner is that at the relevant time, he (petitioner) was abroad. In these circumstances without going into merits of the case, I find it a fit case for grant of interim protective bail to the petitioner for ten days. As such he is allowed interim protective bail till 24.9.2007 in the sum of Rs, 50,000/- with two sureties each in the like amount to the satisfaction of Deputy Registrar (Judicial) of this Court in order to enable the petitioner to approach learned Sessions Judge, Karachi or any other competent Court. However, it is made clear that this order would cease to have any effect after 24.9.2007. This order would be prejudice case of either party.