Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Bail Application No.183 of 1983, heard on 15th March, 1983.
---S. 497/498--Bail--Bail granted to accused by Special Judge with exorbitant surety amount--Grant of bail, held, nullified by imposing a heavy surety amount--Two accused in case stated to be petty businessmen, one of them a student--Exact amount allegedly misappropriated also not yet determined--Surety amount reduced in circumstances.
---S. 497/498--Bail, grant of--Quantum of surety amount--Courts granting bail, held, are expected to take into consideration status as well as financial position of accused persons involved.
Raja Qureshi for the Applicant.
I, Memon, A.A.-G. for the State.
The learned A.A.-G. who is present in Court today has been given notice of the above application and consequently he submitted that the surety amount is prima facie exorbitant and as such he has no objection, if the same is reduced reasonably.
Without going into the merits of the case pending against the applicant, but keeping in view the last para of order, dated 13th March, 1983 of the learned Special Judge (Central), Karachi by which applicants have been granted bail, I considered the surety amount per se is exorbitant and-as such grant of bail is practically nullified by imposing such heavy surety amount. In this connection the object for taking sureties has now well been established and the Courts are expected to take into consideration status as well as financial position of the accused persons before it. In the present case two accused are said to be petty businessmen and one of them is alleged to be student. The exact amount alleged to have been misappropriated is also not yet determined. Keeping in view these facts, 1 allow the above application and reduce the surety amount from sum of Rs.5,00,000 to Rs.50,000 in respect of each applicant and direct the trial Court to accept the sureties from the applicants in accordance with this order, in respect of the bail already granted to the applicants by the learned trial Court.
M. Y. H . Petition allowed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer