DUR MUHAMMAD alias DUR JAN vs THE STATE
This matter arises from an application filed by a surety seeking the return of surety documents furnished for an accused person who had been granted protective bail by the court for a limited period of fifteen days. The core legal question concerns whether surety documents submitted for a limited protective bail should be retained by the court's office after the expiration of the bail period and the subsequent death of the accused. The court held that since the protective bail was granted for a limited period and the accused subsequently expired, the surety documents were no longer required to be retained by the Nazir's office. The court directed the Nazir to return the lease deed furnished by the applicant surety upon proper verification and identification, thereby disposing of the application.
- Whether surety documents furnished for a protective bail of limited duration must be returned after the death of the accused?
- Can the Nazir retain surety documents after the expiry of a protective bail period and the demise of the accused?
ORDER
1. ' This is an application for return of surety documents: furnished by the applicant Ibrahim who had stood surety for accused Dur Muhammad. Accused Dur Muhammad was granted protective bail by this Court on 30-9-1999 for a period of 15 days. The said accused Dur Muhammad is stated to have expired on 30-9-2000. Copy of his death certificate is annexed.
2. ' It is urged by the learned counsel for the applicant surety that the concession of protective bail granted to the accused Dur Muhammad was only for a limited period and the documents furnished by the applicant/ surety Ibrahim are no more required to be retained by the Nazir's office.
3. 'Since the protective bail was granted to the deceased/accused Dur Muhammad only for a limited period and the accused to the applicant/surety in the above circumstances as the same need not be retained by the Nazir's office. Accordingly, the Nazir of this Court is directed to return the surety documents, i.e, lease Deed, to the applicant/surety documents, i.e, lease Deed, to the applicant/surety Ibrahim son of Tabeer upon proper verification and identification M.A. No,146 of 2001 is disposed of.