| Citation(s) |
|---|
| 2004 SLG 2729 2004 SLD 2729 2004 PLD 191 |
Sindh High Court
Criminal Miscellaneous Application No. D-9 of 2004, decided on 29th January, 2004
WAHID BUX BROHI AND MAQBOOL BAQAR, JJ
Abdul Rehman Bhutto for Applicant Gul Hassan Solanei for the State.
Criminal Miscellaneous Application No. D-9 of 2004, decided on 29th January, 2004
WAHID BUX BROHI AND MAQBOOL BAQAR, JJ
Abdul Rehman Bhutto for Applicant Gul Hassan Solanei for the State.
KHADIM HUSSAIN --Applicant
VS
THE STATE
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss.9(b) & 51(2)---Bail---Sessions Court by means of the impugned order had granted bail to the accused in the sum of Rs. one lac on furnishing security in the said amount---Said order had been challenged on the ground that the Sessions Court while granting bail to the accused should not have asked for furnishing security---Requirement of furnishing security in terms of S.51(2) of the Control of Narcotic Substances Act, 1997, did not contemplate that the bail amount be necessarily deposited in cash, Bank guarantee etc., but the requirement of security could also be satisfied by furnishing the document creating title to a property worth the bail amount---Petition was disposed of with the said observation. Criminal Bail Application No. 114 of 1999; Muhammad Yousuf v. The State 1968 MLD 2623 and Amir Sardar v. The State 1990 PCr.LJ 414 ref. (b) Control of Narcotic Substances Act (XXV of 1997)---- ----S. 51(2)---Security---Connotation---Requirement of' furnishing security in terms of S.51(2) of the Control of Narcotic Substances Act, 1997, does not contemplate that the bail amount be necessarily deposited in cash, Bank guarantee etc., but the requirement of the security can also be satisfied by furnishing the document creating title to a property worth the bail amount. Criminal Bail Application No. 114 of 1999; Muhammad Yousuf v. The State 1968 MLD 2623 and Amir Sardar v. The State 1990 PCr.LJ 414 ref. ORDER MAQBOOL BAQAR, J.---Mr. Gul Hassan Solangi is present in Court, he waives notice. He received the copy of application. We have heard Mr.Abdul Rehman Bhutto, learned counsel for applicant and Mr.Gul Hassan Solangi, learned counsel for the State. The order in question been challenged on the ground that the Sessions Judge, Jacobabad while granting bail to applicant should not have asked for furnishing security. It may be noted that on 12-12-2003 by way of the impugned order, the Sessions Judge had granted bail to the appellant in the sum of Rs. one lac on furnishing security in the said amount. Mr. Gul Hassan Solangi, learned State Counsel in view of the…
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