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Criminal Miscellaneous No. 2842‑B of 1984, decided on 16th October, 1984.
‑‑‑Ss.497‑ & 498‑‑Bail‑‑Jurisdiction of High Court as well as Court of Sessions in matter of bail‑‑Concurrent.‑‑[Jurisdiction].
‑‑‑Ss.497 & 498‑‑Penal Code (XLV of 1860), Ss. 379 & 411‑‑Pre‑arrest bail‑‑No entry regarding arrest of accused made in Roznamcha‑ Possibility, that police record showing arrest of accused in a case prepared subsequently, held, not excluded‑‑Interim pre‑arrest bail granted to accuses: confirmed in circumstances.
Yusuf Ali Khan, Bar‑at‑Law for Petitioner.
Sardar Muhammad Khurshid for the State.
Date of hearing: 28th October, 1984.
This is an application for pre‑arrest bail on behalf of Jahangir in case under section 379/411, P.P.C. registered at Police Station Khurrianwala vide F.I.R. No.56, dated 24‑4‑1984. The learned counsel for the petitioner submits that the case is on account of mala fide on the part of Police and the complainant party. On the other hand the learned counsel for the State has opposed the plea for the pre‑arrest bail of the ‑petitioner. The learned counsel also submitted that the petitioner should have approached the Court of learned Sessions Judge in the first instance.
2. I have considered the arguments advanced by the learned counsel for the parties with care. I find that in the matter of grant of bail the jurisdiction of the High Court as well as of the Court of Sessions are concurrent. The application of the petitioner for pre‑arrest bail has A already been entertained by this Court. The peculiar circumstances of the case are that application under section 491, Cr.P.C. for the recovery of Jahangir petitioner from the custody of the Police was moved in this Court, whereon the bailiff of the Court was deputed to recover the petitioner who produced him before the Court whereon he was set at liberty vide order, dated 22‑9‑1984 and it was observed by this Court that:‑
"Since no entry with regard to the arrest of the alleged detenu was made in the Rozenamcha, the possibility that the police record showing his arrest in a case was prepared subsequently; cannot be excluded."
In the circumstances detailed above, I feel inclined to confirm the interim pre‑arrest bail granted to Jahangir by this Court on 16‑10‑1984.
M. Y. H. Bail confirmed
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