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2008 P Cr. L J 701

HUMERA SHAKEEL vs THE STATE and another

Citation2008 P Cr. L J 701
CourtLahore High Court
Case No.Criminal Miscellaneous No,452/B of 2007
Date2007-04-25
Judge(s)Abdul Shakoor Paracha
ResultBail refused

ORDER

' ABDUL SHAKOOR PARACHA, J.--- Mst. Humera Shakeel wife of Afrahim Shakeel, petitioner through this petition under section 498, Cr.P.C. Seeks protective bail in case F.I.R. No,182, dated 21-2-2007, registered at Police Station Takht Bhai, District Mardan, for an offence under section 489-F, P.P.C.

Allegation against the petitioner is that she signed a cheque for Rs,11,00,000 and handed over the same to the complainant which on presentation to the concerned Bank was dishonoured.

2. The learned counsel for the petitioner contends that the petitioner is innocent and this Court has jurisdiction to grant protective interim bail to enable her to approach the Court of competent jurisdiction. Relies on the case reported as 2005 PCr.LJ 1716.

3. I have heard the learned counsel for the petitioner. Though the bails have been granted by this Court in certain cases registered outside the Province of the Punjab and jurisdiction of this Court, but in peculiar circumstances of the instant case I am not inclined to exercise . Jurisdiction in favour of the petitioner. In the case -of Abdul Rehman 1990 M LD 1522 (Karachi), the Sindh High Court observed that, "there ia no cavil about the said proposition of law that the High Court has jurisdiction to grant protective bail even though the offence committed in another Province but the question would be whether on the face of the contents of the F.I.R. The present applicant would be entitled to bail and whether there are sufficient grounds for exercising the discretion in their favour" .. In the said case bail was declined. In the instant case, there appears no mala fide against the complainant or the police.

4. I do not exercise my discretion to allow protective bail in a case which is registered at Mardan/N.-W.F.P.

This being so, this petition fails and the same is dismissed.

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