Law: Criminal Procedure Code, 1898

Section: 498

Law: Pakistan Penal Code, 1860

Section: 489-F

(a) Criminal Procedure Code (V of 1898)---

----S. 498---Penal Code (XLV of 1860), S.489-F---Dishonoring of cheques---Prearrest bail, confirmation of---Concurrent jurisdiction of High Court and Sessions Court to entertain pre-arrest bail directly---Scope---Applicant had approached High Court directly for the reason that police in connivance with the complainant had cordoned off the Sessions Court---By not availing one remedy, applicant had lost one opportunity without causing any prejudice to the complainant party---Superior court can entertain the application for pre-arrest bail and grant relief to the accused in appropriate cases where the accused could inter alia establish that he was prevented from approaching the lower Court in the first instance---If the accused was entitled to bail under the law on merit, consequences could not be taken into consideration while entertaining the bail plea of the accused, if he had directly approached High Court under S.498, Cr.P.C.---Applicant had succeeded in making out the case for the confirmation of the pre-arrest bail---Bail was allowed, in circumstances.

Muhammad Kashif Iqbal v. The State 2022 SCMR 821; Naeem Qadir Shaikh v. The State 2022 SCMR 2068; The State v. Zubair 2002 SCMR 177; Muhammad Riaz v. The State 2002 SCMR 184; Imtiaz v. Azam Khan 2021 SCMR 111 and The State v. Zubair PLD 1986 SC 173 ref.

Raees Wazir Ahmad v. The State 2004 SCMR 1167; Abdul Majeed Afridi v. The