1. ' The applicant apprehends his arrest in a case arising out of F.I.R., dated 21-4-2001 registered at Police Station, Kohisar, Islamabad incorporating the contents of an application made by complainant Lt. Col. (Retd.) Fakhr Latif. It is stated in the application that the said complainant joined Prime Enterprises Limited in October, 1996 as General Manager and worked in the firm till 31- 10-1999 but the Executive Director of the firm namely Khalid Karamat Elley, the applicant, did not pay him the dues amounting to Rs, 2,17,853 for services rendered by him. The firm has shifted to Karachi maintaining a small office at Islamabad. It is alleged that the applicant has not only refused to make payment but has started issuing threats of dire consequences. Founded on these allegations the F.I.R. Has been registered for an offence under sections 406/506, P.P.C.
2. ' The applicant has approached this Court for protective pre-arrest bail on the ground that he apprehends imminent arrest by the Islamabad Police who are bent upon humiliating him and subjecting him to mental torture at the behest of the complainant.
3. ' Learned counsel for applicant, submits that the F.I.R. Registered by Police relates to a matter civil in nature and in real sense no criminal offence is constituted. He contended that the complainant has submitted the application to Inspector-General, Police after a delay of about two years. He further submitted that the applicant is an Executive Director of the Company and the main object is to humiliate him. He stated that the applicant is unable to approach the Sessions Court, Islamabad or the Rawalpindi Circuit Bench of Lahore High Court as he will be arrested as soon as he enters Province of Punjab. He relied on Mukhtar Ahmad Awan v. The State (1990 PCr.LJ 617) and Ch. Allah Ditta v. The State (1989 PCr.LJ 2152). Ms. Rana Khan, learned State council did not oppose grant of interim protective bail to the applicant.
4. ' In the case of Mukhtar Ahmed Awan the F.I.Rs, were registered at Delhi Gate Police Station and Multan Cantt. Police Station against applicant Mukhtar Ahmed Awan who approached this Court for interim protective bail as he apprehended his arrest on entering the territory of Punjab. In the cited case this Court .Reviewed the entire case-law on the subject and referred to a number of reported and unreported cases of superior Courts. Interim protective bail was granted to the applicant in the circumstances of the case.
5. ' In Ch. Allah Ditta's case (supra) non-bailable warrants were issued by Assistant Commissioner Zhob, Balochistan and interim anticipatory bail was granted by the Lahore High Court.
6. ' Indeed, interim protective bail, in the circumstances stated above, can be granted in exceptional circumstances without framing an opinion on the merits of the case even if the F.I.R. Is registered beyond the territorial jurisdiction of this Court. Nevertheless, such a course can be adopted only in exceptional circumstances. Consequently, following the principle of law laid down in the afore- cited authorities and without adverting to the merits of the case interim protective bail is granted to the applicant in the sum of Rs, 50,000 with one surety and P.R. Bond in the like amount to the satisfaction of Nazir of this Court so as to enable him to approach the Court of learned Sessions Judge, Islamabad or any other competent Court. This order shall cease to operate after fourteen
(14) days hereof.