KAMAL KUMAR vs State S — 2024 PCrLJ 30 ISLAMABAD

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KAMAL KUMAR VS State S. 498-a---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing a cheque---Protective bail, refusal of---Petitioner/accused approached Islamabad High Court a second time to get protective bail qua a case having been registered in Quetta---Plea of the petitioner was that due to Eid vacations he could not approach the Court of competent jurisdiction after availing protective bail for the first time---Validity---Concept of protective bail finds its roots from S. 498-a of the Criminal Procedure Code, 1898, but has no definitive provision under which remedy could be sought---It is a concept developed primarily by the Courts to protect the liberty of the person and to facilitate him to approach the competent Court or authority to surrender and seek remedy---It is akin to the right of any person to have access to justice---Said remedy is purely based on the discretion of the Court and no crystallized principles or Rules exist regarding its scope and application---Petitioner/accused has to satisfy the conscious of the Court that under the umbrella of access to justice, he has to approach the competent Court or forum and be protected by way of an order preventing his arrest---Where the petitioner does not follow the orders of the Court and flouts the same without any plausible justification and seeks protection repeatedly there is no compulsion on the court to grant remedy or protection---In the present case, conduct of the petitioner was not aboveboard inasmuch as earlier he was granted protective bail for almost 12 days and had approached only now in the second protective bail---Explanation for not approaching the Court of first instance (in Quetta) and filing present second protective bail after lapse of almost three months did not satisfy the conscious of the Court in exercise of discretion in favour of the petitioner---High Court was not inclined to extend the discretionary relief to the petitioner---Petition for grant of protective bail was dismissed, in circumstances.

KAMAL KUMAR vs State S — 2024 PCrLJ 30 ISLAMABAD

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