2004 PCRLJ 2006

MUHAMMAD alias MANDO MALLAH Versus THE STATE

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Citation2004 PCRLJ 2006

CourtSindh High Court

Case No.Cr. Bail Appln. No.57 of 2004 (Hyd.) Crl. Bail Appln. No.634 of 2004(Khi.)

Date2004-07-13

Judge(s)S. Ali Aslam Jafri and Muhammad Afzal Soomro

ResultApplication accepted

AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from an application filed by the applicant Muhammad alias Mando seeking the conversion of a bail order requirement from cash security to surety, on the ground of being a poor person unable to manage the hefty amount of Rs.1,00,000. Relying on precedent regarding the acceptance of title documents of landed property as security under the relevant statute, the core legal question involved the competence of the court to alter the nature of security required for bail. The Sindh High Court accepted the application, with the Additional Advocate-General conceding and having no objection, thereby permitting the applicant to furnish surety through the deposit of title deeds instead of cash security.

Questions settled in this judgment

Can a court convert a bail security requirement from cash to surety by accepting title documents of landed property?
Whether a trial court is competent to alter the nature of security demanded for granting bail?

Laws & provisions referred

Section 51(2), Control of Narcotics Substances Act 1997

bailsuretysecuritytitle documentsControl of Narcotics Substances Act

ORDER

1. Through this application, applicant Muhammad alias Mando who was granted bail by the learned trial Court subject to furnishing security, in the sum of Rs.1,00,000 has prayed for conversion of the order from security to surety. It has been urged that applicant is a poor person and unable to manage the depositing of such huge amount of Rs.1,00,000. It is further contended that the Court is competent to convert the nature of the security and can ask for surety. Reliance has been placed on a Division Bench judgment of this Court in the case of Khadim Hussain v. The State PLD 2004 Kar. 191, wherein it has been held that if the surety) furnishes title documents of landed property, the same can be accepted as security by the trial Court within the meaning of section 51(2) of the Control of Narcotics Substances Act, 1997.

2. In this view of the matter Mr. Habib Ahmed learned A.A.-G. has rightly conceded and recorded no objection if the applicant is directed to furnish surety in the sum of Rs.1,00,000 by deposit of title deeds instead of security.

3. Order accordingly.

4. H.B.T./M-118/K Application accepted.