1995 PLP 197 (MLD)
FAZLUR REHMAN alias WAZIR‑‑‑Applicant Versus THE STATE‑‑‑Respondent
| Citation | 1995 PLP 197 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Shaft Muhammad, J |
| Parties | FAZLUR REHMAN alias WAZIR‑‑‑Applicant Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP 197 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 197 (MLD)?
The case was heard and decided by the Karachi bench comprising: Shaft Muhammad, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 197 (MLD) (FAZLUR REHMAN alias WAZIR‑‑‑Applicant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑‑S.498/499‑‑‑Penal Code (XLV of 1860), S.302/307/34‑‑‑Reduction in surety amount‑‑‑Accused after having been granted concession of bail in the sum of Rs.1,00,000 could not arrange the surety amount due to his poverty and was in jail‑‑Although the amount of surety in the case under S.302/307/34, P.P.C. was not heavy, yet the prosecution had no objection to the reduction of surety amount to Rs.50,000 and it was ordered accordingly. Sardar Muhammad Ishaque for Applicant. AA. Muhammad Ali, AA.‑G. for the State..
Judgment & Decree
Learned counsel for the applicant states that the applicant was granted concession of bail on 5‑12‑1993 in the sum of Rs.1,00,000 ,but the applicant on account of his poverty, was not able to arrange this heavy surety amount with the result that he is still in jail since 2271‑1991. Although, the amount of surety m the sum of Rs.1,00,000 (Rs. One lac only) in the case under section 302/307/34 is not heavy as contended by the learned counsel, yet the learned AA.‑G. has no objection if the surety amount is reduced from Rs. 1 lac to Rs.50,
000. In the circumstances, the amount of surety is reduced from Rs. One lac to Rs.50,000 (Rupee, fifty thousand only). It is, however, made clear that this order has been passed in the light of the circumstances explained by the learned counsel for the applicant, therefore, it should not be treated as a precedent for each and every case. It is also pointed out that the trial Court should duly satisfy itself about the solvency of the surety and if the accused absconds, then the surety would have no right to move application under section 514, Cr.P.C. which has become a routine in the present days. With these observations and modifications, Criminal Miscellaneous No.431 of 1994 stands disposed of. N.H.Q./F‑233/K Surety amount reduced.