Abdul Rehman & Others vs The State
This matter concerns an application for the return of surety papers following the acquittal of the accused in a criminal case. The applicants had previously been granted pre-arrest bail by the Sindh High Court in connection with Crime No. 29 of 2019 registered at Police Station Chalgari, Hyderabad. The core legal question before the Court was whether the surety papers, furnished as security for the applicants' pre-arrest bail, should be returned to the surety upon the final disposal of the case and the subsequent acquittal of the accused by the learned Trial Court. The Court, noting that the trial had concluded with a judgment of acquittal dated 18.02.2020, and observing that the Assistant Prosecutor General had no objection to the request, allowed the application. The Court held that once the criminal proceedings have terminated in an acquittal, the purpose of the bail bond is fulfilled, and the surety is entitled to the return of the surety papers. The Court directed the office to return the documents to the surety after proper verification and identification, ensuring a copy of the surety's C.N.I.C. is retained on the record.
- Is a surety entitled to the return of surety papers after the accused has been acquitted by the trial court?
- What procedure must be followed by the court office before returning surety papers to a surety?
ORDER
1. Urgency disposed of f.
2. It is noted that the applicants were granted pre-arrest bail in the sum of Rs.50,000/- each by this Court vide order dated 18.10.2019 and thereafter the same was confirmed vide order dated 11.11.2019. It is stated by counsel for the applicant/surety that the case under Crime No.29 of 2019 of P.S. Chalgari, Hyderabad (present case) has been disposed off and the learned Trial Court vide Judgment 18.02.2020 has acquitted accused Abdul Rehman, Sudhir Ahmed alias Sudhir and Muhammad Arif of the Charge.
Ms. Safa Hisbani, Assistant Prosecutor General, Sindh present in Court in some other cases waives notice of the listed application and recorded her no objection.
In view of above position, the listed application is allowed. Office is directed to return surety papers to the applicant/surety in person after proper verification and identification by keeping his C.N.I.C on record.
Application M.A. No.5039 of 2020 stands disposed of f.