P L D 1990 Karachi 233 (PLP)

The question that has been raised in this revision application filed under section 439, Cr.P.C., relates to the interpretation of section 249, Cr.P.C., in relation to the provisions contained in section 502, Cr.P.C.

2. Applicant Mst. Sardaran Bibi stood surety for accused Muhammad Iqbal and Muhammad Akram involved in Crime No. 287 of 1986, PS Gul Bahar, under section 325/34, P.P.C., in the Court of Sessions Judge (West) Karachi. She bound herself in the sum of Rs.10,000 for each of the accused to produce them before the Illaqa Magistrate on every date of hearing till otherwise directed. Both the above accused were tried by Additional City Magistrate No. 1 (Central) Karachi, who vide order dated 27‑6‑1989 stopped the proceedings and released them under section 249, Cr.P.C. By this time a new judicial district, viz, Central was created and consequently the applicant applied for the return of surety documents before learned Sessions Judge (Central) Karachi, who refused her prayer with the following order :‑‑ "Heard the learned Advocate for the applicant and perused the record. The proceedings have been stopped under section 249, Cr.P.C., and the accused have not been acquitted, and as such, the surety documents cannot be returned. Consequently the application for return of documents is rejected:" This order dated 10‑8‑1989, is the subject‑matter of this revision application.

3. I have heard Mr. S. Khizar Asker zaidi, learned counsel for applicant and Mr. Imam Bux Shaikh, learned counsel for the State. The latter has not supported the impugned order.

4. Section 249, Cr.P.C. empowers a Magistrate to stop the proceedings of a case in the following manner:‑‑ "In any case instituted otherwise than upon complaint, a Magistrate of the First Class, or with the previous sanction of the District Magistrate, any other Magistrate, may for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment either of acquittal or conviction, and may thereupon release the accused." $. The words "release the accused" used in this section are significant. As defined in ewer's Manual of Law Terms and Phrases, 7th Edition, the word `release' means a discharge, a surrender, an extinction. It is a term denoting a variety of meanings. It cannot, therefore, be given a restricted meaning so as to is question was also examined by Munawar denote only release from custody. This question Ali Khan, J. (as he then was) in S. Masood‑ul‑Hasan Naqvi v. The State, reported in 1986 PCr.LJ 1272, who held as follows:‑

6. Section 500, Cr.P.C. provides that as soon as the bond has been executed, the person for whose appearance it has been executed shall be released; and when he is in jail, the Court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the order shall release him. It, therefore, implies release of a person from restraint and his delivery into the hands of his surety on the terms as contained in the bond. The release of accused under section 249, Cr.P.C. thus brings to an end the liability of surety to produce the accused before the Court on every date of hearing.

7. The provisions of section 502, Cr.P.C. which deal with the discharge of sureties are again relevant in this context. Where a surety applies for discharge or return of surety documents, the Magistrate has to secure the attendance of the accused before him, who may be taken into custody on his failure to furnish fresh surety. Section 502, Cr.P.C. when read together with the provisions of section` 249, Cr.P.C., lends support to the view taken in Syed Mahmood‑ul‑Hasan Naqvi v. The State 1986 PCr.LJ 1272.

8. The object of surety bonds is to ensure the presence of the accused persons. So, where the accused is released under section 249, Cr.P.C. and his presence is no more required by the Court, the surety is discharged.

9. For the aforesaid reasons the impugned order is set aside. The documents deposited by the applicant/surety be returned to her. The revision application is accordingly accepted. N.H.Q./S‑556/K Revision accepted.