Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Pakistan Penal Code, 1860

Section: 114,147,148,149,302,324,337-H(2)

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.302, 324, 337-H(2), 147, 148, 149 & 114---Qatl-e-amd, attempt to commit qatl-e-amd, hurt by rash or negligent act, rioting, rioting armed with deadly weapons, unlawful assembly, abettor present when offence committed---Protective bail, grant of---Filing pre-arrest bail before High Court without approaching Sessions Court (Trial Court) first---Scope---Accused contended that there was old enmity between the parties and if he approached the Sessions Court first for grant of pre-arrest bail, there was an apprehension of quarrel and his arrest at the instance of the complainant party, who were influential persons of the locality---Validity---No legal justification existed in the contention of the accused regarding apprehension of a quarrel, if he approached Sessions Court first, because the case had been challaned and accused had to face trial at the same Sessions Court---Although a person could approach the High Court directly for bail before arrest by invoking its concurrent jurisdiction, but for that compelling reasons had to be brought on record, which the accused, in the present case, failed to do---Without touching merits of the case and in view of the apprehension of accused regarding his arrest before reaching the Sessions Court, protective bail was granted to him to appear and surrender before the Sessions Court for the relief of bail before arrest---Bail application was disposed of accordingly. Riaz Ahmed Goharshahi v. The State PLD 2000 Kar. 6; Abdul Rasheed v. The State PLD 2003 Kar. 682 and Rais Wazir Ahmad v. The State 2004 SCMR 1167 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 498---Filing pre-arrest bail before High Court without approaching Sessions Court (Trial Court) first---Scope---Normally a person against whom a case had been registered, might in the first instance approach the original court i.e. Sessions Judge for bail before arrest because propriety so demanded, but it was not an absolute rule and depended upon the compelling circumstances of each case---Person could directly approach the High Court by invoking its concurrent jurisdiction.…

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