P L D 1985 Karachi 660 (PLP)

The Additional Advocate-General has stated that no case has been registered against this applicant and the F. I. A. is holding only a preliminary enquiry into a complaint, alleging that the applicant has failed to repatriate foreign exchange and thereby rendered himself liable to prosecution under the Foreign Exchange Regulation Act. It is categorically stated that no case has been registered and there is no likelihood of the arrest of the applicant. Section 498-A, Cr. P. C. prohibits this Court from granting bail before arrest when no case is registered but such position is contested. Mr. Sami Ahmed has raised some contentions before me and these are to the following extent "(1) That the entire process is mala fide and in violation of the law ; (2) that even if section 498-A, C'r. P. C. prohibits this Court from granting bail, relief by way of grant of bail can be extended under section 561-A, Cr. P. C." I am afraid I cannot agree with Mr. Sami Ahmed. The very word "bail" implies a sort of restraint on the movement of an accused person A and further connotes handing over of the custody of an accused person from the police to the surety. In the instant case, no case has bee registered against the applicant and therefore he is under no restraint. In fact the police officer states that he shall not arrest the applicant at present. Mr. Abdul Sattar Shaikh states that before registering a case a permission has to be obtained from the Director, F.

1. A. Government of Pakistan. and such sanction too is not available. The terms of section 498-A, Cr. P. C. are very clear and this section states that nothing in sections 497 and 498, Cr. P. C. authorises a Court to release on bail or direct admission to bail of any person who is not in custody or against whom no case is registered for the time being. The position therefore becomes very clear that unless a case is registered against a person concession of bail cannot be extended in his favour. Coming to the next point that in spite of section 498-A, Cr. P. C. forbidding grant of bail the same relief can be extended under section 561-A, Cr. P. C. I have no hesitation in holding that when the Code forbids exercise of any power to grant bail by enacting section 498-A, Cr. P. C. recourse cannot be had to section 561-A, Cr. P. C. which is a general provision that is preserved in the code to meet the situation which is not provided for in the Code of Criminal Procedure., In the presence of) specific provision contained in section 498, Cr. P. C. it would be a fraud on statute to refer to section 561-A, Cr. P. C. to grant a relief which is' specifically forbidden. Such relief cannot be granted. In these circumstances I am of the view that this application is not maintainable and it is therefore rejected. The order granting interim bail is recalled. M. B. A.????????? Application rejected.