HUMERA SHAKEEL vs THE STATE and another
This matter comes before the Lahore High Court upon a petition filed under Section 498 of the Code of Criminal Procedure 1898, whereby the petitioner seeks protective bail in respect of First Information Report No. 182 dated 21-2-2007 registered at Police Station Takht Bhai, District Mardan, for an offence under Section 489-F of the Pakistan Penal Code 1860, alleging the issuance of a dishonoured cheque amounting to Rs. 11,00,000. The core legal question concerns the exercise of discretionary jurisdiction by the Lahore High Court to grant protective bail for a case arising within the territorial jurisdiction of another Province. The court held that while jurisdiction exists to grant protective bail in cases from other provinces under peculiar circumstances, discretion should not be exercised in favour of the petitioner where no mala fide on the part of the complainant or police is shown on the face of the F.I.R. The petition was accordingly dismissed.
- Does the Lahore High Court have jurisdiction to grant protective bail for a case registered in another Province?
- Can protective bail be refused when there is no apparent mala fide on the part of the complainant or the police?
- Section 498, Code of Criminal Procedure 1898
- Section 489-F, Pakistan Penal Code 1860
ORDER
' ABDUL SHAKOOR PARACHA, J.--- Mst. Humera Shakeel wife of Afrahim Shakeel, petitioner through this petition under section 498, Cr.P.C. Seeks protective bail in case F.I.R. No,182, dated 21-2-2007, registered at Police Station Takht Bhai, District Mardan, for an offence under section 489-F, P.P.C.
Allegation against the petitioner is that she signed a cheque for Rs,11,00,000 and handed over the same to the complainant which on presentation to the concerned Bank was dishonoured.
2. The learned counsel for the petitioner contends that the petitioner is innocent and this Court has jurisdiction to grant protective interim bail to enable her to approach the Court of competent jurisdiction. Relies on the case reported as 2005 PCr.LJ 1716.
3. I have heard the learned counsel for the petitioner. Though the bails have been granted by this Court in certain cases registered outside the Province of the Punjab and jurisdiction of this Court, but in peculiar circumstances of the instant case I am not inclined to exercise . Jurisdiction in favour of the petitioner. In the case -of Abdul Rehman 1990 M LD 1522 (Karachi), the Sindh High Court observed that, "there ia no cavil about the said proposition of law that the High Court has jurisdiction to grant protective bail even though the offence committed in another Province but the question would be whether on the face of the contents of the F.I.R. The present applicant would be entitled to bail and whether there are sufficient grounds for exercising the discretion in their favour" .. In the said case bail was declined. In the instant case, there appears no mala fide against the complainant or the police.
4. I do not exercise my discretion to allow protective bail in a case which is registered at Mardan/N.-W.F.P.
This being so, this petition fails and the same is dismissed.