Maj (Retd.) FAROOQ MAZHAR vs FEDERAL INVESTIGATION AGENCY (FIA) and another
This matter concerns a petition for transitory bail filed by the petitioner, who was implicated in F.I.R. No. 1 of 2009 registered at Police Station FIA ECW, Quetta Circle, for various offences including cheating, forgery, and criminal breach of trust. The core legal question was whether the petitioner, who was not named in the F.I.R. or the interim challan but was subject to non-bailable warrants issued by the Special Court (Offences in Banks) Balochistan, Quetta, was entitled to transitory bail to enable him to approach the trial court for regular bail. The Sindh High Court, noting the consent of the learned standing counsel for the respondent, granted the petitioner transitory bail for a period of four weeks. The court held that the petitioner is permitted to appear before the Special Court (Offences in Banks) Balochistan, Quetta, upon furnishing surety and a personal recognizance bond. The principle laid down is that transitory bail may be granted by a High Court to an accused to facilitate their appearance before the competent trial court in another jurisdiction, particularly when there is no opposition from the prosecution.
- Can a High Court grant transitory bail to an accused to enable them to appear before a trial court in another jurisdiction?
- Does the consent of the prosecution influence the grant of transitory bail?
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 476, Pakistan Penal Code 1860
- Section 403, Pakistan Penal Code 1860
- Section 409, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Schedule of the Offences in Respect of Banks (Special Courts) Ordinance 1984
- Section 83-A, Banking Companies Ordinance 1962
- Section 5(2), Prevention of Corruption Act 1947
ORDER
1. ' The petitioner appears to have been implicated in offence being F.I.R. No,1 of 2009 of Police Station FIA ECW, Quetta Circle under sections 420, 468, 471, 476, 403, 409, 109, P.P.C. Schedule of the Offences in Respect of Banks (Special Courts) Ordinance, 1984 read with section 83-A, Banking Companies Ordinance 1962 and section 5(2) of Act II of 1947.
2. ' It is contended by learned counsel for petitioner that petitioner is not named in the F.I.R. And that even his name is not mentioned in the interim challan filed in the Court but NBWs have been issued by the Special Court (Offences in Banks) Balochistan Quetta pursuant to which petitioner has been arrested and his custody is likely to be transferred to FIA Agency Quetta. Learned counsel states that no case is made out against the petitioner and that petitioner is going to approach the Court at Quetta for grant of bail and requests that transitory bail may be granted to the petitioner.
3. ' Mr. Shahab Sarki, learned standing counsel waives notice of this petition and gives consent for granting of transitory bail to the petitioner.
4. Without touching the merits of the case and by consent transitory bail for a period of four weeks is granted to the petitioner for appearing before Special Court (Offences in Banks) Balochistan Quetta on furnishing surety in the sum of Rs,500,000 (Rupees five lac only) and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.
5. ' This transitory bail order will cease to have effect on petitioner first appearing before the trial Court or on expiry of one month whichever is earlier. Petition along with listed application stands disposed of.