High Court competent to grant bail u/S. 498, Cr.P.C. in cases pending before Special Courts of Banks under Banks (Special Courts) Ordinance. (DB) PLJ 1986 Cr.C. (Kar.) 253 Muhammad Mossa.
Section 10 of Ordinance 1984, Offence in respect of Banks (Special Courts) does not expressly or impliedly bar the jurisdiction of the High Court u/S. 561-A Cr.P.C. High Court can exercise its jurisdiction in exceptional ases u/S. 561-A, Cr.P.C. 265-K, Cr.P.C. if the facts of the case so warrant, to prevent the abuse of any Court or otherwise to secure the ends of justice. 1994 SCMR 798 State v. Asif Ali Zardari and another.
Power of High Court to grant bail in case pending in Special Court notwithstanding the ouster of jurisdiction u/S. 10 of Banks Offences in respect of Special Court Ordinance IX of 1984. However, High Court is not to grant bail after conviction u/S. 426, Cr.P.C. PLJ 1985 Cr.C. (Lah.) 1 = (DB) NLR 1985 Cr. 13 Aftab Hussain. NLR 1985 Cr. 328 Abdul Majid, etc.
Banking Court not competent to try case u//S. 380, PPC. Sentence set aside and retrial not ordered (DB) NLR 1988 Cr. 701 Nasir Ahmed.
Bail can be granted by High Court in offences in respect of Banks (Special Courts) Ordinance u/S. 561-A, Cr.P.C. to prevent the abuse of the process of Court or to secure the ends of justice. The Power of High Court u/Ss.. 439, 426, 491, 498 and 626, Cr.P.C. are expressly excluded. Right of appeal from conviction is provided. The power of High Court or the Sessions Court to grant pre-arrest bail or to suspend a sentence are excluded. The Special Court is empowered to pre-arrest bail as it has got all the powers of Sessions Court and High Court. High Court has power to grant bail to the accused during the pendency of investigation of the case. The High Court as Court of appeal has no power to suspend the sentence pending the final determination of the appeal. 1991 SCMR 599 Allied Bank v. Khalid Farooq.
Bail, pre-arrest or after arrest in offence in respect of Banks (Special Court) Ordinance, 1984 (IX of 1984) can be granted by a Division Bench of High Court irrespective of the bar contained in Sec. 10 of the Ordinance IX of 1984. Such bar limits jurisdiction of single judge to exercise power of an appellate Court. PLJ 1998 Cr.C. (Kar.) 106 Irfan Aslam.