1. ' At the very out set Mr. Muhammad '3achal Tonyo, Addl. A.G for the State has waived the notice. Mr. Safdar Ali Bhutto has contended that the applicants have urrendered before the Sessions Judge, Jacobabad for bail before arrest as they are being implicated in Crime No, 2 of 2001 registered with Police Station Civil Line, Jacobabad under sections 337-A(i), 506/2, 504, P.P.C. But without success, hence this bail before arrest application.
2. ' I have gone through the impugned order and I have read it with jade and critical eye that the alleged offences against the present applicants under sections 337-(A)(i), 504, P.P.C. Which are bailable offences whereas section 506/2, P.P.C. Is not bailable offence punishable with seven years and the ratio in such cases in view of superior Courts is that mostly the accused have been granted bail before arrest. The learned Sessions Judge, Jacobabad has refused to the grant of bail before arrest to the present applicants on the basis of offences being furnished by the prosecution which are not falling within the prohibitory clause of section 497(1), Cr.P.C. And in this way this Court is being burdened unnecessarily by the inferior Courts. Reliance can be placed on a case of Abdul Siddiqui and 2 others v. The State reported in 1993 PCr.LJ. 446 wherein this Court has held that since the offences are not falling within the prohibitory clause of section 497(1), Cr.P.C. The "Basic principle is bail not jail" and the bail is confirmed by this Court and the accused had straightaway approached to the High Court. Admittedly the alleged offences against the present applicant are not falling within the prohibitory clause of section 497(1), Cr.P.C. Basic principle is free life not jail life as held by the Honourable Supreme Court in PLD 1995 SC 34-37 that the "Basic principle is free life not jail life." If the bail is granted by mistake by Court then there is compensation and the accused can be awarded conviction and sentence, but in a case where the accused is kept behind the bars for years together and ultimately the case results in acquittal then there is no compensation means Bird called "quid pro quo " has flown out of the cage. Of late no compensation, no compensation.
3. 'In view of the law given by the Honourable Supreme Court and this Court, the bail is confirmed on furnishing surety in the sum of Rs,50,000 and PR bond in the like amount to the satisfaction of trial Court.