2021 P Cr (PLP)
Mst. SAFEENA SHAH — Petitioner Versus The STATE and others — Respondents
| Citation | 2021 P Cr (PLP) |
| Forum / Court | Peshawar (Abbottabad Bench) |
| Bench Members | N/A |
| Parties | Mst. SAFEENA SHAH — Petitioner Versus The STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2021 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2021 P Cr (PLP)?
The case was heard and decided by the Peshawar (Abbottabad Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 P Cr (PLP) (Mst. SAFEENA SHAH — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Amir Sattar Tanoli for Petitioner.
Headnotes / Summary
S. 513
Scope
Petitioner sought permission to deposit the surety amount in cash
Prosecution raised objection that S. 513, Cr.P.C. did not authorize the Court to demand cash security
Held; S. 513, Cr.P.C., did not authorize a Court to demand cash security, however, the same could be permitted only if required by the accused
Words "permit him to deposit" used in S. 513, Cr.P.C., were not without significance and suggested of a situation where something was permitted upon the request of the accused but never ordered by the Court of its own
Object of S. 513, Cr.P.C., was to enable an accused to deposit cash security in case if he was unable to find out sureties
Accused did not belong to District 'H', she was a permanent resident of District 'R' and did not seem to have sufficient link at District 'H'
Request of accused, being genuine, was accepted, in circumstances.
Judgment & Decree
SHAKEEL AHMAD, J.
Applicant Mst. Safeena Shah has moved this petition seeking therein permission to deposit the surety amount Rs.200,000/- in cash.
2. The applicant is detained as an under trial prisoner of offences under sections 302/109, P.P.C. read with section 15-AA, KPK in crime No.1119 dated 03.08.2020 registered at PS City, Haripur. I had admitted the applicant to bail on 12.10.2020, and directed that she be released "subject to furnishing bail bonds in the sum of Rs.200,000/- with two sureties in the like amount to the satisfaction of Illaqa/Duty Judicial Magistrate, Haripur, who shall ensure that the sureties are local, reliable and men of means."
3. The learned AAG present in the Court in some other case, was put on notice, has raised objection that section 513, Cr.P.C. does not authorize the Court to demand cash security. He next contended that the applicant may be allowed time to arrange local surety.
4. I have carefully considered the submissions of the learned AAG and have gone through the relevant provision of law.
5. Learned AAG appears to be right to the extent that section 513, Cr.P.C. does not authorize a Court to demand cash security, however, the same can be permitted only if requested by the accused. The words "permit him to deposit" used in section 513, Cr.P.C., are not at all without significance and suggest of a situation where something is permitted upon the request of the accused but never ordered by the Court of its own. The object of this section is to enable an accused to deposit cash security in case he is unable to find out sureties. Admittedly, the applicant does not belong to District Haripur; she is a permanent resident of Nai Abadi Moregah Rawalpindi, and does not seem to have sufficient link at Haripur, therefore, she has prayed for deposit of surety amount in cash. The request being genuine, the prayer of the applicant is accepted, and under section 513, C.P.C. accused is permitted to deposit the surety amount (Rs.200,000/-) in cash. She is hereby directed to be released on bail provided she furnishes a personal bond in a sum of Rs.200,000/- (two Lakh) with bank guarantee to be furnished for the same amount to the satisfaction of Illaqa/Duty Judicial Magistrate, Haripur. SA/360/P Petition accepted.