1989 PLP 4731 (MLD)
Mian ABDUL WAHID — Applicant Versus THE STATE — Respondent
| Citation | 1989 PLP 4731 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Ahmad Ali U. Qureshi, J |
| Parties | Mian ABDUL WAHID — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1989 PLP 4731 (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 1989 PLP 4731 (MLD)?
The case was heard and decided by the Karachi bench comprising: Ahmad Ali U. Qureshi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 4731 (MLD) (Mian ABDUL WAHID — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S.499--Penal Code (XLV of 1860), S.409--Reduction of surety amount--Fraud committed on public was in crores of rupees--Accused was carrying on business as Director of Investment Corporation to the tune of crores of rupees--Amount of bond, held, could not be too light which had to be fixed considering the financial condition of accused--Amount reduced from Rs.25,00,000 to Rs.15,00,000 in circumstances. Rana M. Shamim for Applicant S. Zaheer Qureshi for the State.
Judgment & Decree
Rana M. Shamim for Applicant S. Zaheer Qureshi for the State. In this case the applicant is a Director of Investment Corporation, who is alleged to have defrauded various people by inducing investments from them to the extent of Rs.2,17,37,700 out of which he is alleged to have paid back to the public Rs.83,85,626 while the rest amount he is alleged to have mis-appropriated. Challan has been submitted against him under section 409 P.P.C. The learned Sessions Judge, Karachi East has granted bail to the applicant in the sum of Rs.25,00,000 and P.R. bond in the like amount. This application has been moved for the reduction of bail amount.
2. It is submitted that all the assets of the applicant have been seized by the F.I.A. Police. Therefore, the applicant is not in a position to furnish the security in the amount fixed by the learned trial Court.
3. It is settled law that while fixing the amount of surety bond the Court has to take into consideration the financial position of the person concerned whether he will be in a position to furnish the surety or dot. Otherwise such an order would amount to refusal of bail, if the amount is fixed beyond the reach of the accused person.
4. In the instant case the present applicant alongwith co-accused Muhammad Naeem have been challaned. They were the sole-proprietors of the partnership firm which was carrying on business in crores of rupees. The alleged fraud upon the Public is also said to have been committed in crores of rupees. As such the amount of bond cannot be too light. The possibility of the accused jumping the bail in such circumstances cannot be ruled out. Keeping in view all the above factors ant circumstances, I reduce the Mamount of bail from Rs.25,00,000 to Rs.15,00,
000. The application is allowed in the above terms. S.A./A-671/K Surety amount reduced.