Lawyers in Islamabad

  PLJ 2025 Civil (Note) 235 [Peshawar High Court, Mingora Bench (Dar-ul-Qaza), Swat] Present: Muhammad Naeem Anwar and Dr. Khurshid Iqbal, JJ. GHULAM MUSTAFA--Petitioner versus STATE and 2 others--Respondents W.P. No. 1461-M of 2022 with C.Ms. 2558-M & 2559-M of 2022, decided on 26.1.2023. Constitution of Pakistan, 1973-- ----Art. 199--Criminal Procedure Code, 1898 (V of 1898), S. 561-A--Pakistan Penal Code, 1860 (XLV of 1860), S. 489-F--Registration of FIR--Cheque dishonoured--Agreement (iqrarnama)--Quashment of FIR--Power of High Court--Issuance of specific amount cheque on different date--It is a settled law that High Court could neither act as an investigator nor could control investigation or any proceedings pending before a competent Court of law--Courts have right to interpret law and High Court had no jurisdiction whatsoever to take the role of investigating agency--Petition dismissed.              ...

A common practice is that when an accused has apprehension that he might get arrested in a criminal case, he gets transit bail from High Court for few days. It is also called protected bail and it is granted by the High Court where the accused approaches. Ordinarily a High Court has jurisdiction in its respective province. It means that if an accused has taken transit bail from any competent court of law, he cannot be arrested from the jurisdiction of that High Court. However, it is also a fact that the High Courts are constitutional courts and even if they do not have jurisdiction in other provinces, they hold respect and dignity in other provinces. Their decisions are respected and obeyed by the courts in other jurisdictions. That is the same reason when an accused gets transit bail, he cannot be arrested even if he leaves the jurisdiction of that respected court until and unless he gets a chance to appear before the honorable court where he has to file proper bail petition within th...

Once an accused is convicted by the trial court in any offense, bail of such accused is possible under the provisions of section 426 of the criminal procedure code 1898. The only way for obtaining such bail is to challenge the conviction in the appeal. A petition under section 426 of the CRPC has to be filed in the High Court for the suspension of punishment. If the High Court things fit, the sentence can be suspended and accused can be released on bail in such like circumstances. Ordinarily bail of accused in not possible under the provisions of sections 497 and 498 of CRPC once the accused is convicted by any competent court. For more you can consult lawyergolra@gmail.com Regards, Salman Yousaf Khan (Golra) Criminal Lawyer +92-333-5339880