| Citation(s) |
|---|
| 2018 SLG 3055 2018 SLD 3055 2018 YLR 60 |
Sindh High Court
Cr. Revision Application No. S-09 of 2016, decision Dated: 18-02-2016.
SHAHNAWAZ TARIQ, JUSTICE
Petitioner(s) by: Mansoor Hussain Maitlo
Respondent(s) by: Sardar Ali Shah, A.P.G.
Cr. Revision Application No. S-09 of 2016, decision Dated: 18-02-2016.
SHAHNAWAZ TARIQ, JUSTICE
Petitioner(s) by: Mansoor Hussain Maitlo
Respondent(s) by: Sardar Ali Shah, A.P.G.
FIDA HUSSAIN
VS
THE STATE
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Pakistan Penal Code, 1860
Section: 120-B,302,364,506(2)
Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss. 302, 364, 120-B & 506(2)---Qatl-i-amd, kidnapping or abducting in order to murder, criminal conspiracy, criminal intimidation---Bail grant of---Application by accused for reduction in surety amount---Accused had impugned the order passed by Court of Sessions whereby he had been admitted to post arrest bail subject to furnishing Defence Saving Certificates of Rs. 5,00,000/- and P.R. bonds in the like amount---Held, while dealing with the question of bail if Court had come to conclusion that accused was entitled for grant of bail on merits, Court had to consider the financial status of the accused while fixing quantum of the surety amount so that he might furnish the same conveniently---Exorbitant surety amount or imposition of any strict condition which might defeat and delay the very purpose of release of accused was to be avoided---Revision was allowed accordingly. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, J.--- Through instant criminal revision application, applicant Fida Hussain has impugned order dated 03.09.2015, passed by learned Additional Sessions Judge, Kandiaro, in Sessions Case No.307 of 2012, arising out of Crime No.61 of 2012 of Police Station Kandiaro, under sections 302, 364, 120-B, 506/2, P.P.C., whereby he has been admitted to post arrest bail subject to furnishing Defence Saving Certificate of Rs.500,000/- and P.R. bond in the like amount. 2. Learned counsel for the applicant contended that applicant due to poverty is unable to furnish Defence Saving Certificate and he may be permitted to furnish solvent surety in the shape of Solvency Certificate, as applicant is behind the bar since the day of his arrest. 3. Learned APG extended no objection to the submissions made by the learned counsel for applicant. 4. Heard arguments advanced by the learned counsel for…
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