2011 PLP 940 (MLD)
IMDAD HUSSAIN — Applicant Versus THE STATE — Respondent
| Citation | 2011 PLP 940 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | IMDAD HUSSAIN — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 PLP 940 (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 2011 PLP 940 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 940 (MLD) (IMDAD HUSSAIN — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Ss. 497 & 498
Penal Code (XLV of 1860), S.395
Surety amount
Accused sought reduction in surety amount, as he had no sources to deposit bail bond
Plea raised by accused was that if surety amount was not reduced the purpose of granting bail would be defeated and complainant had no objection to reduction of surety amount
High Court reduced surety amount from Rs.100,000 to 25,000 as it was discretion of court to keep the circumstances and position of accused in mind while passing order regarding surety amount
Bail order passed earlier was modified to the extent of surety amount
Application was disposed of accordingly.
Judgment & Decree
ABDUL HADI KHOSO, J.
The applicant namely Imdad Hussain son of Muhammad Panjal was granted bail vide order dated 4-10-2010 by this Court on furnishing surety in the sum of Rs.1,00,000 and P.R Bond in the like amount, but the applicant being poor person could not arrange the surety amount. The learned counsel for the applicant has filed application along with affidavit stating therein that the applicant belongs to a very much poor family and has no any extra resource, he is the only bread earner of his family. Since the grant of bail i.e. 4-10-2010 is lying in the jail and is not able to arrange the surety for the amount of Rs.1,00,000 for his release. Ms. Seema Zaidi, A.P.-G. for the state has very frankly stated that the applicant is really a poor person therefore since long time is confined in jail, and is unable to arrange the surety amount to the extent of Rs.1,00,
000. As the applicant was granted bail while considering the merits of the case learned A.P.-G. states that if the surety amount is not reduced the purpose of granting bail will be defeated. She has no objection to the reduction of surety amount. Keeping in view the circumstances and grounds mentioned in the application and affidavit of learned counsel for the applicant the surety amount is reduced from Rs.1,00,000 to Rs. 25,000, as it is purely the discretion of the Court to keep the circumstances and position of the accused in mind while passing order regarding surety amount. The bail: order dated 4-1-2010 passed by this Court is modified to the extent of surety amount from Rs.1,00,000 to Rs.25,
000. Application is disposed of in the above terms. M.H./I-7/K Order accordingly.