MUHAMMAD YAMIN vs State Ss — 2022 YLRN 10 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD YAMIN VS State Ss. 498, 502 & 249---Power to stop proceedings when no complaint---Return of surety documents---Prayer for---Surety had furnished surety documents/Defense Saving Certificate, for the release of accused on bail---Later on, accused was released under S. 249, Cr.P.C., by the Trial Court---Admittedly, proceedings of the case against the accused pending before the Trial Court was stopped---Word "release" could not be confused with "release" from custody---"Release" in such a case could only be construed to mean "release" from the liability from attending the Court---Consequent upon stoppage of the proceedings, the case came to an end for an indefinite period---Accused was, therefore, no longer required to attend the Court, in any case, not until availability of the evidence justifying the revival of the case against him---However, the discharge of accused under S.249, Cr.P.C. did not operate as permanent closure of the case against him---Similarly, the stoppage of the proceedings under S.249, Cr.P.C., had the effect of discharging the accused until such time when on availability of the requisite evidence the case could be revived against him---Stoppage of the proceedings amounted to termination of the case for the time being---Since, the accused was not required to attend the Court as he stood released from such liability, the liability of his surety which was extended to his regular attendance in the Court also came to an end---Application was allowed and the surety documents were ordered to be returned to the surety, in circumstances.

MUHAMMAD YAMIN vs State Ss — 2022 YLRN 10 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported