IMRAN RAZA and another vs THE STATE
This matter concerns an application for protective bail filed by the applicants, Imran Raza and Kamran Raza, who were facing non-bailable warrants issued by a Judicial Magistrate in Sehwan in connection with a direct complaint filed under sections 406 and 420 of the Pakistan Penal Code 1860. The applicants contended that the complaint was filed in Sehwan with mala fide intentions to harass and humiliate them, asserting that both the complainant and the applicants were residents of Karachi, and the alleged incident of forgery and cheating also occurred in Karachi. The court examined the circumstances surrounding the issuance of the warrants and the jurisdictional convenience of the parties. Finding that the filing of the complaint in Sehwan appeared to be motivated by mala fide intent given the residential and incident-related facts, the court allowed the application. The court granted protective bail to the applicants for a period of ten days, subject to the furnishing of solvent sureties, enabling them to surrender before the appropriate trial court. The decision reinforces the court's discretion to grant protective bail to prevent harassment in cases of jurisdictional abuse.
- Can the High Court grant protective bail when a complaint is filed in a distant jurisdiction with mala fide intent?
- Does the residence of the parties and the location of the alleged incident influence the court's decision to grant protective bail?
- What is the duration and condition for the validity of protective bail granted by the High Court?
- Section 406, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 498, Code of Criminal Procedure 1898
ORDER
' SAIYED SAEED ASHHAD, C. J. - It has been submitted on behalf of the applicants that complainant Noor Muhammad Khawaja, who has filed a direct complaint in the Court of Judicial Magistrate-, Sehwan is resident of Karachi and the alleged transaction of forgery and cheating also took place at Karachi but the complainant with a view to harass and humiliate the applicants had filed the direct complaint at Sehwan. In view of the above, this application is allowed and permission is granted for filing and hearing of this protective bail application at the principal seat.
2. Granted subject to all just exceptions.
3. This protective bail application under section 498, Cr.P.C. For grant of protective bails has been moved on behalf, of applicants Imran Raza and Kamran Raza, against whom non-bailable warrants have been issued by Judicial Magistrate, Sehwan in direct Complaint No,47 of 2001 under sections 406/420, P.P.C., as they failed to present themselves before the said Judicial Magistrate on the basis of bailable warrants issued against them.
It has been submitted on behalf of the applicants that the- bailable warrants were never received or served upon them, which subsequently led to the order for issuance . Of non-bailable warrants as a result of which they have approached this Court for grant of protective bails.
' In view of the fact that both the complainant and the applicants are residents of Karachi as well as the alleged incident which led to filing of the direct complaint had also taken place at Karachi the filing of the direct complaint at Sehwan appears to be with mala fide intention.
' In view of the above, protective bails are granted to the applicants on furnishing solvent sureties in the sum of Rs,50,000 (Rupees fifty thousands only) each, and P.R. Bonds in the like amount to the satisfaction of the Nazir of this Court. The protective bails shall be valid for a period of ten days from today or till such date when the applicants surrenders themselves before the trial Court, whichever is earlier.