| Case ID |
1e9968c5-90cf-435c-8d21-360d3f9ba051 |
| Body |
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| Case Number |
Criminal M. No. 974-A/2020 in Criminal M. (B.A.) N |
| Decision Date |
Oct 22, 2020 |
| Hearing Date |
|
| Decision |
The court considered the application of Mst. Safeena Shah for permission to deposit the surety amount in cash. It was determined that Section 513 of the Criminal Procedure Code does not authorize the court to demand cash security unless requested by the accused. The court acknowledged that the applicant was a permanent resident of District R and had insufficient links to District H, making her request genuine. Therefore, the court permitted her to deposit the surety amount of Rs.200,000 in cash, ensuring her release on bail upon providing a personal bond and a bank guarantee. |
| Summary |
In this notable case, Mst. Safeena Shah sought permission from the Peshawar High Court to deposit her bail surety in cash due to her inability to arrange local sureties in District H, where she was not a resident. The court examined the implications of Section 513 of the Criminal Procedure Code, which allows for cash deposits of security under specific circumstances. The ruling underscored the importance of the accused's request in determining the court's decision on cash security. The judgment reflects the balance between legal provisions and the practical realities faced by individuals in the judicial system. This case highlights the role of courts in ensuring fair access to justice, especially in situations where individuals may face challenges in meeting traditional surety requirements. Keywords: bail, surety, Criminal Procedure Code, cash deposit, justice. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAKEEL AHMAD, JUSTICE
|
| Lawyers |
Amir Sattar Tanoli for Petitioner,
Sardar Muhammad Asif, A.A.G. for the State
|
| Petitioners |
MST. SAFEENA SHAH
|
| Respondents |
THE STATE AND OTHERS
|
| Citations |
2021 SLD 1325,
2021 PCRLJ 668
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
513
|