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Syed BAKHTIAR AHMED vs Rana MUHAMMAD OSAF S — 2022 YLRN 118 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 YLRN 118 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Parties
Syed BAKHTIAR AHMED vs Rana MUHAMMAD OSAF S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 489-F---D; S. 489-F; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed BAKHTIAR AHMED VS Rana MUHAMMAD OSAF S. 497---Penal Code (XLV of 1860), S.489-F---Dishonestly issuing a cheque---Bail---Amount of surety bond---Scope---Respondent, in FIR under S.489-F, P.P.C., was granted bail after arrest, subject to furnishing surety equivalent to the amount of dishonoured cheque---Respondent filed application for reduction of the surety amount, which was allowed and he was directed to furnish cash surety of reduced amount---Respondent, after his release, did not deposit the remaining surety amount---Revisional court, through impugned order, set aside the Trial Court's order for depositing the remaining surety amount---Held; purpose of release of accused on surety was to ensure his attendance on each and every date of hearing before the Trial Court till conclusion of trial---Object of calling upon the accused for furnishing surety was not to penalize him but to ensure his presence in Court, therefore, the amount of surety was required to be fixed with regard to nature of offence so that the very object of granting of bail was not defeated---No illegality or irregularity was committed by the revisional court, in circumstances---Constitutional petition was dismissed. Head NotesCase Description

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