Syed KAMAL SHAH vs The STATE and another
This matter arises from two bail before arrest applications filed by the petitioner, Syed Kamal Shah, seeking pre-arrest bail in FIR No. 149 and FIR No. 686, both registered under Section 489-F of the Pakistan Penal Code 1860 at Police Station City Mansehra. The core legal question concerns whether pre-arrest bail should be granted for an offense under Section 489-F of the Pakistan Penal Code 1860 that does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898, despite the direct nomination of the accused and the financial nature of the crime. The Peshawar High Court dismissed the petitions and recalled the interim pre-arrest bail, holding that financial crimes rampant in society warrant stricter treatment and that the discretionary concession of bail is not warranted where circumstances show the gravity of the matter and its detrimental impact on the economic and social life of society. The key principle laid down is that while offenses outside the prohibitory clause generally favor bail, courts may refuse discretionary pre-arrest relief in rampant financial crimes involving exceptional circumstances and gravity.
- Whether pre-arrest bail can be refused for an offense under Section 489-F of the Pakistan Penal Code 1860 despite not falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Does a financial crime involving rampant issuance of bad cheques justify withholding the discretionary concession of pre-arrest bail?
- Whether direct nomination of the accused in an FIR for a financial crime disentitles him to lenient treatment in bail matters?
- Section 489-F, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
' IKRAMULLAH KHAN, J.-- Through this single. Order, I intend to dispose of this and the connected Cr.Misc.No, 653-A/2016 titled "Syed Kamal Shah v. The State and another" as in both these petitions though FIRs are different but section of law is one and the same.
2. The petitioner has moved this and the connected bail before arrest application for his pre-arrest bail in cases FIR No, 149 dated 20.06.2016 and FIR No, 686 dated 08.06.2016, both under Section 489- F, P.P.C. By Police Station City Mansehra, and this court vide orders dated 24.08.2016 had granted him ad-interim pre-arrest bail in both the cases.
2A. Perusal of the record would reveal that not only the accused-petitioner has directly been nominated in the FIRS but the offence relates to financial crime which is rampant in the society and public is losing their trust with hard earned money.
3. Not only because the accused-petitioner had directly been nominated in the FIRs for commission of the offence but, also keeping in view .The dictum laid down by the Lahore High Court in the case of "Abdul Sattar v. The State" reported as 2011 YLR 863 where it has been held that although the offence under Section 489-F, P.P.C. Does not fall within the prohibitory clause of section 497, Cr.P.C. Where grant of bail is a rule and rejection thereof is an exception but the accused-petitioner does not deserve lenient treatment.
4. Moreover, if the people are simply allowed concession, such as bail, on the mere ground of absence of prohibition of section 497, Cr.P.C. While the circumstances show the gravity of the matter not only for an individual but also spoiling the economic and social life of his whole family, this may tend to perpetuate the commission of offences of the same nature. The grant of bail being a discretionary concession would, of course, not be warranted in such situation.
5. While considering the principle of law enunciated by the apex court in the case of "Subhan Khan v. The State" 2002 SCM R 1997 where it has been held that "where extra ordinary and exceptional circumstances, palpable on record, when there was likelihood of absconsion, apprehension of tampering with the prosecution evidence by accused, danger of repetition of the offence if the accused is enlarged on bail and where the accused was a previous convict, hardened criminal then, bail shall not be granted", therefore, I see no merits in this and the connected bail before arrest applications, which are hereby dismissed and the previous orders of this court dated 24.08.2016 are hereby recalled.
Cited by 5 cases
- Amjad Hussain Sahito vs The State 2025 SHC 1625
- Syed Raza Farooq and others vs The State 2025 YLR 147
- Syed raza Farooq Versus State 2025 YLR 147
- Zar Nasib Khan & Israr Uddin vs State 2017 PHC 682
- ZAR NASIB KHAN and another vs The STATE through Advocate-General and another 2018 YLR 443