2018 P Cr (PLP)
AIJAZ MUSTAFA — Applicant Versus The STATE — Respondent
| Citation | 2018 P Cr (PLP) |
| Forum / Court | Sindh |
| Bench Members | N/A |
| Parties | AIJAZ MUSTAFA — Applicant Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2018 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2018 P Cr (PLP)?
The case was heard and decided by the Sindh bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2018 P Cr (PLP) (AIJAZ MUSTAFA — Applicant Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497
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]
Judgment & Decree
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.