Law: Criminal Procedure Code (V of 1898)

Section: 160

Summary The petitioners sought protective bail to join an FIA inquiry concerning alleged irregularities in development works in Sector I-12, Islamabad. The Court held that no FIR had been registered, no arrest warrants had been issued, and the petitioners were merely called through notices under Section 160 Cr.P.C. Since Section 498-A Cr.P.C. does not permit bail where no criminal case is registered, the petition was dismissed in limine. Legal Core Points Protective/pre-arrest bail cannot be granted where no FIR is registered and the person is not in custody. Section 498-A Cr.P.C. expressly bars grant of bail to a person against whom no case stands registered. Mere issuance of notices under Section 160 Cr.P.C. to join an inquiry does not create a right to protective bail. Courts should not interfere in an ongoing inquiry at its initial stage, as doing so would unnecessarily hinder the investigative process. Apprehension of harassment or humiliation alone is insufficient to invoke the Court's bail jurisdiction in the absence of a registered criminal case. Result: Petition dismissed in limine; protective bail refused.         ORDER SHEET                                                                                       Through instant petition, petitioners seek protective bail for 12 days for joining the Enquiry No. 64/2021 being conducted by the FIA, Corporate Crime Circle, Islamabad.    The Learned counsel for the petitioners contended that the petitioners have been issued notices under Section 160 Cr.P.C for joining the inquiry and recording of their statements on 23.11.2011. The learned counsel contended that earlier petitioner got recorded their statements before the inquiry officer but still the petitioners are…