2005 P Cr (PLP)

Heard Advocate for the applicants and State Counsel. This is an application for reduction of surety amount of bail, granted by this Court. Learned Advocate for the applicant has stated that the applicants are poor persons, therefore, they cannot arrange the surety of Rs.2,00,000 each that the applicant Muhammad Kokhan has already been granted bail by the Sessions Judge, Karachi (Central) in Crime No.47 of 2003 of Police Station Gulberg, Karachi, under sections 302, 34, P.P.C. in the sum of Rs.50,000; that the applicant Muhammad Kokhan is in jail since 18/19 months but he could not arrange the surety; that there is nobody to look after the lady accused, therefore, she could not arrange the required surety. Learned State Counsel strongly opposed to the grant of this application on the ground that the applicants would abscond if the surety amount is reduced.

2. The basic concept of bail is release of a person from the custody of police or officer of Court and delivery into the hands of surety, who undertakes to produce him in Court whenever required to do so. Such a purpose cannot be achieved by releasing an accused from custody on furnishing of cash security, in lieu of solvent surety who can take efforts to produce the accused released, at a given date, time and place, to answer the charge against him. In default of so doing he is liable to forfeit such sum as is specified when bail is granted. The principle underlying release on bail is that an accused person is presumed in law to be innocent till his guilt is proved and as a presumably innocent person, he is entitled to freedom and every opportunity to look after his case, provided his attendance is secured by proper security. Thus, while fixing the amount of bail, it should be ensured that such amount should not be excessive and security required should be in accordance with the position A in life occupied by the person released on bail. The basic idea demanding security is not to penalize the accused but to ensure his presence in the Court.

3. From the statement of Advocate for the applicants it appears that the applicants are in jail since 11-9-2003 and 16-9-2003 respectively. Bail was granted on 4-12-2004 but they have not been able to arrange the required surety for the amount of Rs.2,00,000 each, which amount was fixed by the Court for their release. The Advocate for the applicants has B also produced the bail order of Sessions Judge, Karachi (Central), under which applicant Muhammad Kokhan was granted bail in another case bearing Crime No.47 of 2003, under sections 302, 34, P.P.C. in the sum of Rs.50,000 and P.R. bond in the like amount.

4. Keeping in view the said bail order and the present circumstances of the case, particularly the position of the applicants in c life I am of the considered view that this is a fit case where surety amount can be reduced to meet the ends of justice.

5. Consequently, the surety amount of Rs.2,00,000 is reduced to Rs.50,000 each. The application is allowed. N.H.Q./M-254/K Surety amount reduced.