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AIJAZ-UL-HAQ versus THE STATE

ections Sections 498, 499, 500 and 502 bail Release of accused on surety guaranteed return ope scope sure security offered for bail was processed but he filed for return of bail documents - Accuracy The release of the accused was executed by the accused himself or through multiple guarantees to the satisfaction of the court or police officer. oath Even if it is ready / ready for a defendant to be held on bail, it will not produce him as a guarantor nor will it be sufficient to release the accused on bail - the release of the accused on bail guarantees the accused The guarantee will be subject to certain conditions and conditions - I will not be liable for its offer unless accepted and the parties do not take further action. The bail should not only be accepted by the court in this regard, but the bond had to be processed after the deal - such an offer cannot be taken as a bond. - The court's satisfaction will also include identification indicating guarantee and validation of its documents presented as security - filing a bail affidavit will begin the execution of the guarantee and implementation of the bailout, which will begin in the current case. I did not accept the court. Bail not granted under the circumstances offered Request for a return of the submitted document cannot be denied or can not be prevented - in the circumstances the application for the return of the document was allowed [PP 69, 70 70,, ?, 72?] A, B, C, D, E, F, G, H and I

PLD 2017 Sindh 67

Before Salahuddw Panhwar, J

AIJAZ-UL-HAQ—Applicant

versus

The STATE—Respondent

Bail Application No. 1449 of 2008, decided on 14th March, 2016.

(a) Criminal Procedure Code (V of 1898)—

—Ss. 498, 499, 500 & 502—Release of accused on bail—Return of surety documents—Scope—Security offered by the surety was under process but he filed application for return of surety documents— Validity—Release of accused was subject to execution of bond by the accused himself or by one or more sureties to the satisfaction of court or police officer—Written declaration even on oath that one was ready/prepared to stand surety for an accused would not dress him up as ‘surety * nor it would be sufficient for release of accused on bail— Release of accused on bail would be handing over the accused in the custody of surety under certain terms and conditions—Mere offer would create no liability upon its maker unless accepted and parties thereto proceeded further—Offer to stand surety should not only be accepted by the court but such agreement had to be followed by execution of bond—Such offer could not be taken as ‘bond*— Satisfaction of court would include identification of surety and verification of his/her documents offered as security—Surety furnishing affidavit his role would commence from the acceptance of surety and execution of bond (offer) which, in the present case, had not been accepted by the court—Accused had not been handed over into the hands of surety in circumstances—Application for return of offered document could not be declined nor it could be withheld— Application for return of document was allowed in circumstances. [pp. 69, 70, 71, 72] A, B, C, D, E, F, G, H & I

Ghulam Rasool v. Nusrat Rasool PLD 2008 SC 146 and Hakim Ali Zardari v. State PLD 1998 SC 1 rel.

(b) Words and phrases—

—•Bond’—Meaning [p. 70] B

Black’s Law Dictionary rel.

(c) Words and phrases—

—‘Affidavit’—Meaning, [p. 70] C

Black’s Law Dictionary rel.

Shamshad Ali Qureshi for Applicant.

Abdullah Rajput, APG and Usman Tufail Shaikh for Respondent.

Date of hearing: 29th February, 2016.

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