Pakistan Case LawTHE STATE and another- Versus DARIUS B. KANDAWALA
This petition for leave to appeal was filed by the State against an interim order passed by a learned Judge in Chambers of the High Court of Sindh, whereby bail was granted to the respondent in connection with criminal proceedings arising out of F.I.R. No. 199 of 1994 registered under the Customs Act, 1969 and Act II of 1947, while admitting a quashment petition to hearing. The core legal question raised was whether a High Court can grant bail under section 561-A of the Code of Criminal Procedure 1898 without a formal bail application, and in the presence of specific provisions under section 497 of the Code of Criminal Procedure 1898 regulating bail. The Supreme Court of Pakistan held that the contentions raised by the State required detailed consideration and accordingly granted leave to appeal to examine the legality of granting bail in such circumstances.
- Whether bail can be granted under section 561-A of the Code of Criminal Procedure 1898 in the presence of specific provisions under section 497 of the Code of Criminal Procedure 1898?
- Can a High Court grant bail without a formal bail application being moved by the accused?
ORDER
SAIDUZZAMAN SIDDIQUI, J.---The above petition for leave to appeal has been filed on behalf of the State against the order of a learned Judge in Chambers of High Court of Sindh dated 7-7-1994. By the impugned order, the learned Judge in Chambers admitted a petition for quashment of the proceedings arising out of F.I.R. No, 199 of 1994 which was originally registered under section 32 read with section 156(1) and (14) of the Customs Act, 1969 against the respondent but after submission of the interim challan in the case before the concerned Court, section 5(2) of Act II of 1947 was also added in the said F.I.R. The learned Judge while admitting the petition for quashment of the proceedings also passed the following further order in the case:--
"In the meanwhile applicant is granted bail and he shall be so released if he furnishes one surety in the sum of Rs,5,00,000. (Rupees five lacs only) and P.R. Bond in the like amount to the satisfaction of Nazir of this Court.
In case the applicant is required in some other case besides F.I.R. No,199/1994, such intimation shall be given to this Court and till then the applicant shall not be re-arrested." The State has filed the above petition to challenge the above quoted portion of the order by which bail was granted to the respondent by the learned Judge in F.I.R. No, 199 of 1994. Mr. Farooq Naek, the learned Deputy Advocate-General contended before us that there was no application moved on behalf of the respondent before the learned Judge either under section 497, Cr.P.C. Or under section 561-A, Cr.P.C. For enlarging the accused on bail. It is also contended by the learned counsel that the bail could not be granted to the accused by the Court under section 561-A, Cr.P.C. In the presence of specific provision in the Code of Criminal Procedure namely section 497, Cr.P.C.
The contention raised by the Deputy Advocate-General requires consideration and we, accordingly, grant leave to appeal to consider the same.
Judges on this bench
- Saiduzzaman Siddiqui789 judgments
- Mukhtar Ahmed Junejo485 judgments