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MIR HASSAN versus STATE


Criminal Procedure Code (CCPC) Criminal Code of Conduct (v. 1898) Before the arrest of 498 accused, bail was sought before the trial court, but the police were detained by him. Could not move the accused was granted bail before arrest

1986 M L D 1799 (1)

[Karachi]

Before Abdul Razzak A. Thahim, J

MIR HASSAN and another‑‑Accused/Applicant

Versus

THE STATE‑‑Opponent

Criminal Bail Application No.824 and Miscellaneous Application No.882 of 1986, decided on 17th June, 1986. Criminal Procedure Code (V of 1898)‑ ‑‑‑S. 498‑‑Bail before arrest‑‑Accused tried to approach Court of Sessions but was cordoned off by Police thus could not move bail‑ Co‑accused already granted bail before arrest‑‑Protective bail granted to accused.

Qurban Ali Chohan for Applicant.

ORDER

This is an application for anticipatory bail. It is contended that applicants are respectable persons and they actually went to approach the Court of Sessions Hyderabad but the police had cordoned the Court, therefore, they could not move bail application. It is further argued that some co‑accused have already been granted bail before arrest.

Without going into the merits of the case, I grant protective bail, to both the applicants on furnishing one surety in the sum of Rs.50,000 and P.R. Bond in the like amount each to the satisfaction oil the Nazir of this Court. This order will be valid upto 24‑6‑1986. It is l made clear that the learned Sessions Judge has discretion to decide bail application on merits and according to law and this interim order shall not come in his way.

M.Y.H. Bail granted.

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