2/23/24, 3:09 PM 2018 P Cr

2018 P Cr. L J Note 174

[Sindh]

Before Abdul Maalik Gaddi, J

AIJAZ MUSTAFA---Applicant

Versus

The STATE---Respondent

Criminal Bail Application No. 928 of 2017, decided on 26th December, 2017.

Criminal Procedure Code (V of 1898)---

----S. 497---Post-arrest bail, grant of---Surety amount---Poor financial position of accused---Scope---Court granted post arrest bail to the accused subject to giving surety amount
in the sum of Rs. 300,000/- but he was a poor person to arrange the same even after one and a half month from the bail granting order---Accused moved application for reduction
of surety amount to the tune of Rs. 50,000/- contending that furnishing surety was not to penalize the accused but to ensure his presence before the Court---Prosecution had
conceded to the reduction of surety amount to reasonable extent---High Court reduced the amount of bail bond from Rs. 3,000,000 to Rs. 100,000/- with personal bond in the
like amount to the satisfaction of Trial Court---Application of accused was allowed, accordingly. [Paras. 2 & 3 of the judgment]

Shahid Akhtar Awan for Applicant.

Ms. Naheed Parveen, D.A.-G. for the State.

Date of hearing: 26th December, 2017.

ORDER

ABDUL MAALIK GADDI, J.---Applicant Aijaz Mustafa, who is facing trial in Crime No.213/2016 at PS FIA, AHT Circle, Karachi under sections 22(b) and 172(b) of
Emigration Ordinance 1979 in the Court of Special Judge, Central II, Karachi, was granted bail by this Court vide Order dated 14.11.2017 in the sum of Rs.3,00,000/- with PR
bond in the like amount to the satisfaction of the trial Court and although the bail was granted to him about one and half month back, he has not been able to secure his release
for furnishing his requisites sureties. Mr. Shahid Akhtar Awan, learned counsel for applicant has contended that the applicant is too poor to arrange this heavy surety amount,
with the result that he is still in custody, although, the concession of bail was extended to him as far back as on 14.11.2017. Learned counsel for applicant while relying upon the
various provisions of Cr.P.C. made an attempt to show that the object of calling upon the accused to furnish the surety is not to penalize him but to ensure his presence before the
trial Court.

Faced with the situation, Ms. Naheed Parveen, learned DAG has conceded to the reduction of surety amount to a reasonable extent, and I think rightly.

Accordingly, the application for reduction of surety amount is allowed and the amount of bail bond is reduced from Rs.3,00,000/ to Rs.1,00,000/- with PR bond in the like
amount to the satisfaction of the trial Court. In view of the above, listed application stands disposed of in the above terms.

MQ/A-52/Sindh Application allowed.

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