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Criminal Bail Application No. 526 of 1984, decided on 12th June, 1984.
---Ss. 498 & 561-A--Penal Code (XLV of 1860), Ss. 408, 468, 471& 477-A--Offences against Property (Enforcement of Hudood) Ordinance (VI of 1979), S 14--Accused allegedly being a party to misappropriation of certain amount--Case being registered after two years of occurrence- No action taken by police against accused as police was of the view that complaint was false--Investigation reopening after 3 years--Accused admitted to bail by Sessions Court in sum of Rs.25,o00--Bail amount increased to 2 lacs at stage of confirmation of bail, on ground that amount involved was Rs.1,90,000--Bail amount found to be excessive in view of background of case was reduced to Rs.50,000 in circumstances.
Nazir Ahmed Siddiqui for the Applicant.
The applicant is involved in offences under section 408/468/471/ 477-A, P.P.C. and section 14 of the lslami Hudood Ordinance, 1979, for allegedly being a party to misappropriation of the sum of about Rs.2 lacs. The offence was allegedly committed in 1979 and the F.I.R. was lodged in 1981 The case was investigated but no action was taken as police was of the view that the complaint was false However, the above investigation has been reopened recently by the Crimes Branch. The present applicant was admitted to bail by the IVth Additional Sessions Judge by his order, dated 10-5-1984 in the sum of Rs.25,000.
However, when the matter came up for confirmation of the bail, the bail amount was increased to Rs.2 lacs on the ground that the amount involved is Rs.1,90,000. The learned Additional Advocate-General in view of the above background of the facts submits that the bail amount as fixed by the learned Additional Sessions Judge, appears to be excessive. I am inclined to agree with him. I would, therefore reduce the bail amount to Rs.50,000 with one surety and P.R. in the like amount. The above application is, therefore, allowed to the above extent.
H.A.K. Application allowed.
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