IN
THE HIGH COURT OF SINDH AT KARACHI
C.P. No.D-869 of 2024
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
1.
For orders on Misc. No.4139/2024
(U/A)
2.
For orders on office objections 1, 9
and 20
3.
For orders on Misc. No.4140/2024 (Exp/A)
4.
For hearing of main case
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19.02.2024
Mr. Abdul Wahab
Baloch, advocate a/w petitioners
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Through this constitution petition, petitioners Mujahid Ali son of Ahsan Ali Tanwari and Ali Muhammad son of Ghulam
Murtaza Magsi seek
protective bail. Admittedly, against petitioners no case is registered, they
cannot apply for bail, without registration of FIR in terms of Section 498-A, Cr.PC. Section 498-A, Cr.PC is
reproduced as under:
“498-A. No bail to be granted to a person not in custody, in Court or
against whom no case is registered etc. Nothing
in section 497 or section 498 shall be deemed to require or authorize a Court
to release on bail, or to direct to be admitted to bail any person who is not
in custody or is not present in Court or against whom no case stands registered
for the time being and an order for the release of a person on bail, or
direction that a person be admitted to bail shall be effective only in respect
of the case that so stands registered against him and is specified in the order
or direction.”
In the view of above, instant constitution petition is
not maintainable, the same is accordingly dismissed
along with listed applications.
J U D G E
J
U D G E
Gulsher/PS