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Mustafa alias Kakai vs State S — 2025 PCrLJ 1989 PESHAWAR-HIGH-COURT

Case information

Citation
2025 PCrLJ 1989 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2025
Reporter
PCRLJ
Parties
Mustafa alias Kakai vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 302; 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

Mustafa alias Kakai VS State S. 497---Penal Code (XLV of 1860), S. 302(b)---Qatl-i-amd---Bail---Amount of surety bond---Scope---Petitioner, in FIR under S.302(b) P.P.C., was granted bail after arrest, subject to furnishing bail bonds in sum of Rs. 400,000/- with two sureties in like amount---Petitioner filed application for reduction of the surety amount, which was allowed and he was directed to furnish cash surety of reduced amount ---Scope---Court should fix the amount of the bond having due regard to the circumstances of the case, including the nature of the offence charged, the weight of evidence against accused, the financial capacity of the accused, and his character/criminal history---Amount of the bail bond should not be excessive, harsh or unreasonable but should be such as in the judgment of the Court would ensure presence of the accused---If there are more than one accused in a case, the Court may stipulate different amounts for their bail bonds because each one of them stands before the bar of justice as an individual---In a case where the Government's only interest is in preventing flight the Court must set the bail at a sum designed to ensure that goal---In the present case, the Court had reached to the conclusion that the applicant's bail bond needed to be reduced so as to enable him to seek his release without further detention---Resultantly, the bail bond was reduced to Rs. 200,000/----Petition was allowed.

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