Imamuddin son of Ghulam Ajmairi vs Nazir
This matter arose from a miscellaneous application filed by a surety seeking the return of a surety amount deposited for protective bail. The core legal question was whether a surety is entitled to the refund of security deposited in court once the accused person has complied with the protective bail conditions by surrendering and appearing before the trial court within the stipulated timeframe. The High Court observed that the accused appeared before the trial court within the specified period, fulfilling the purpose of the protective bail order, and noted that the Additional Advocate General expressed no objection to the application. The High Court allowed the application, laying down the principle that upon full compliance with protective bail orders by the accused, the surety deposit is no longer required and must be returned to the surety after proper verification, identification, and receipt.
- Is a surety entitled to the return of the surety amount after the accused appears before the trial court within the period stipulated in a protective bail order?
- Can a court retain a surety deposit after the conditions of protective bail have been fully complied with by the accused?
- Section 302, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
1. Through Misc. Application No.172/2014 the surety namely Imamuddin son of Ghulam Ajmairi has prayed to allow his application with request to direct the Nazir of this Court to return the surety amount which is no more required by this Court.
2. Perused the record, which is available before me. It appears that the accused Badaruddin was granted protective bail in Sections Case No.642/2008 pending before Additional Session Judge, Jacobabad, for trial of the offence under Section 302/324/148/149/109 PPC under Crime No.69/2007 of P.S. Dil Murad, District Jacobabad. According to the record, the applicant/accused was appeared before the trial Court within the stipulated period granted to him by this Court, therefore, learned APG, who is present on Court notice has recorded his no objection, if M.A.No.172/2014 for return of surety amount is allowed.
3. Under the circumstances, the application filed by the surety Imamuddin being M.A. No.172/2014 is allowed with direction to the Nazir to return the surety amount to surety after proper verification, identification and after obtaining receipt. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.