Matiullah vs Abdul Rehman S — 2026 PCrLJ 946 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 PCrLJ 946 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: PCRLJ
Parties: Matiullah vs Abdul Rehman S
Subject matter: Criminal
Provisions referred to: S. 499---; S. 489-F---; 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

Matiullah VS Abdul Rehman S. 499--- Penal Code (XLV of 1860), S. 489-F--- Dishonestly issuing a cheque--- Bail bond---Reduction 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 ageneral 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.

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