1. Urgency is granted.
2. Overruled.
3. Exemption is granted subject to all exceptions.
4. Applicant Muhammad Azam son of Muhammad Aslam is present along with his Counsel to seek pre-arrest bail in Crime No. 575/2025 of PS Shah Latif District Malir, Karachi under Section 147, 148, 149, 448, 511, 506, 504, 380, 457, 337A(i) PPC. It is contended that the FIR is filed by one Advocate and supported by two other Advocates. He has filed this bail application in the first instance before the High Court rather than the trial Court in Malir. He has relied upon the Judgment of Hon'ble Supreme Court reported in PLD 2009 SC 427 and 2004 SCMR 1167 and two others passed by this (High) Court, namely a pre-arrest interim bail granting order dated 16.05.2025 in Cr. Bail Appln No.1263/2025; and, another order dated 19.09.2024 for confirming bail in Cr. Bail Appln No.1308/2024. In both orders passed by this (High) Court, the applicant / accused had attempted to surrender to the trial Court. I have read the application, and there is no articulation of such efforts in the Application. No effort is shown on the part of the applicant / accused to make any attempt to surrender before the competent Court to justify the pre-arrest interim bail which has been filed in the first instance before this (High) Court. No documentary evidence is annexed with the application to demonstrate any resistance on the part of the complainants or otherwise, or any breach of peace concerning the applicant/accused surrendering himself before the trial court. Therefore, no case of pre-arrest bail is made out in the facts and circumstances of the case.
Without touching the merits of the case, this pre-arrest bail is converted into a protective bail, and the applicant above named is granted protective bail for 15 days from today, subject to furnishing a solvent surety in the sum of Rs.50,000/- and a PR bond in the like amount to the satisfaction of the Nazir of this Court. This protective bail shall remain in force for 15 days from today or the date on which the applicants will surrender before the trial court, whichever is earlier. The Cr. Bail Application is treated as a protective bail application and is disposed of.