MUHAMMAD ANWER JOKHIO vs State Ss — 2022 MLD 333 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ANWER JOKHIO VS State Ss. 498, 499 & 561-a---Bail, grant of---Reduction of surety amount---Scope---Law required nothing more than satisfaction of Police Officer or court for quantum of surety bond---Such satisfaction, however, must always be reasonable one because demand of improbable or huge amount might result in frustrating the purpose and object of a release order, issued under S. 497/498, Cr.P.C., because failure of surety in producing the accused or payment of fine (surety) amount never operated as a bar upon the court to compel the attendance of accused by adopting permissible coercive measures---Release, when became the right of the accused then such satisfaction should be a little more relaxed/liberal else same would amount as a hurdle towards an earned right---In the present case, punishment of the offence was not more than one year, therefore, did not exceed the limits of prohibitory clause of S.497, Cr.P.C. and fell within the category of bailable offence---In bailable offences, bail becomes right of accused not as a grace or concession, therefore, when an accused earned remedy as of his right, he should not be deprived of the same---Release of accused was conditional for furnishing surety in sum of Rs.100,000/- each, which the applicants had furnished and complied with in its letter and spirit---Such surety amount was sufficient and did not require enhancement, more particularly when the accused had voluntarily surrendered themselves before the court concerned---Offence was not carrying any capital punishment, justifying imposing of huge surety amount---Prima facie, the impugned order, nowhere, showed as to how earlier accepted surety amount became insufficient---In absence of such reasons, the enhanced surety amount would never be legal and justified---application was allowed by setting aside the impugned order, in circumstances.

MUHAMMAD ANWER JOKHIO vs State Ss — 2022 MLD 333 KARACHI-HIGH-COURT-SINDH

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