| Citation(s) |
|---|
| 2025 SLG 3306 2025 SLD 3306 = 2025 SHC 24 |
Cr. Bail App. No. D – 01 of 2024
Mr. Abdul Rauf Abro, Advocate for applicant / surety
Law: Criminal Procedure Code (V of 1898)
Section: 496
Summary
The court granted urgency and exemption from notice subject to legal exceptions. Muhammad Younis, the applicant, sought the return of surety documents related to protective bail granted to accused persons Gul Hassan, Basit alias Abdul Basit, and Khuda Bux on January 3, 2024. The accused were granted protective bail for five days upon furnishing solvent surety of Rs. 50,000 each, for which the applicant deposited two original Special Savings Certificates. The accused surrendered before the trial court within the stipulated time and obtained interim pre-arrest bail, as confirmed by the trial court's order dated January 6, 2024. The Additional Prosecutor General had no objection to returning the surety. The court ordered the return of the surety documents after proper verification and identification.
Core Points
- Urgency and exemption granted for the application.
- Applicant Muhammad Younis seeks return of surety (Special Savings Certificates) deposited as bail security.
- Protective bail granted to accused on 03.01.2024 for five days with surety of Rs. 50,000 each.
- Accused surrendered timely and secured interim pre-arrest bail as per trial court order dated 06.01.2024.
- Prosecutor General has no objection to return of surety.
- Court directs return of surety documents after verification.
Law & Section Table
| Legal Aspect | Law Section/Authority | Description |
|---|---|---|
| Protective Bail | Criminal Procedure Code (CrPC) | Bail granted temporarily to accused before final bail hearing; usually time-bound. |
| Surety for Bail | Criminal Procedure Code (CrPC) Section 496 | Surety bond required as financial guarantee for accused’s appearance in court. |
| Return of Surety | Court Order / Bail Rules | Surety documents are returned after the accused complies with bail conditions or surrenders. |
| Interim Pre-Arrest Bail | Criminal Procedure Code (CrPC) | Bail granted to accused before arrest, often after surrendering to trial court. |
| Verification for Return | Court Bail Rules / Court Procedures | Court verifies identity and authenticity before returning surety documents. |
| Legal Exceptions to Exemption | General Legal Principles / Court Discretion | Exemptions granted subject to legal exceptions and justifications. |
1. Urgency is granted.