Bail bond

2026 PCrLJ 946 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

S. 499Penal Code (XLV of 1860), S. 489-FDishonestly issuing a chequeBail bondReduction of amount

Petitioner / complainant was aggrieved of reducing amount of bail bond by Lower Appellate Court in exercise of revisional jurisdiction

Validity

Revisional Court reduced the surety to Rupees five million Fardi instead of cash

Rule requiring surety amount to match dishonored cheque could not be applied universally in all cases

Amount of surety should not be used to penalize accused or deny bail in appropriate circumstances

Trial Court in the matters of bail, particularly relating to S.489-F, P.P.C., if it concludes that accused is entitled to bail, should not set surety amount, as a general rule, equal to dishonored cheques

It should be reasonable and based on facts and circumstances of each case to ensure that purpose of granting bail is not defeated

Purpose of asking accused to provide surety is not to punish him but to guarantee his attendance in Court

Amount of surety should be determined based on the nature of offence and means of accused, so that main goal of granting bail is not undermined and accused does not have to endure suffering of jail unnecessarily for reasons beyond his control

Constitutional petition was dismissed, in circumstances.

2013 PLD 68 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 498Bail bondObject, purpose and scope

Purpose of releasing accused on surety bond is to ensure his attendance on each and every date of hearing before Trial Court till conclusion of trial for compliance thereof

Person who stands surety executes surety bond in required sum or money, and undertakes to produce accused on each date of hearing.