SECTION 9 & 561-A CR.P.C.
- Protective/enabling bail is nowhere defined or provided in Criminal Procedure Code, 1898.
- It is an injunctive order in exercise of inherent powers by High court, which is being termed as protective or enabling bail---Court of session does not have inherent powers under S.561-A, Cr.P.C. and being creation of S.9 Cr.P.C., Sessions Judge or Additional Sessions Judge are competent to grant post-arrest bail in cases pertaining to their sessions division---Court of Session is not vested with inherent powers to pass restraining order/enabling bail in cases pertaining to another sessions division.
Naseer Ahmed Versus State
2009 PCrLJ 1430
Lahore-High-Court-Lahore
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