Law: Criminal Procedure Code (V of 1898)

Section: 561-A,499,501,497

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 561-A, 499 501---Inherent powers of High Court---Bail bond of accused and sureties---Power of Court to demand sufficient security if already deposited was insufficient---Reduction of surety amount---Scopes sought reduction of surety amount from Rs.10,00,000/- to Rs.1,00,000/- eachs were earlier granted ad-interim bail subject to furnishing surety in sum of Rs.1,00,000/- but while allowing the pre-arrest bail application, the surety amount was enhanced---Held; surety amount of Rs.1,00,000/- was sufficient and did not require enhancement, more particularly when the accused had voluntarily surrendered themselves before the Court concerned; when the offence was not carrying capital punishment, justifying imposition of huge surety amount---Court in view of S.501, Cr.P.C., was competent to demand sufficient surety even after acceptance of earlier ordered surety which, however, was subject to reasonable justification or changed circumstances---Impugned order nowhere showed as to how did the earlier accepted surety amount became ‘insufficient’---In absence of such reasons, enhancement of surety amount was not justified---Application was allowed. Abdul Jabbar v. The State 1998 PCr.LJ 1465 rel. Tariq Bashir and 5 others v. The State PLD 1995 SC 34 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Bailable offence---Scope---Bail in a bailable offence is the right of accused. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Further inquiry---Scope---Bail in a case falling within the meaning of further inquiry, is the right of accused. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 497 499---Bail---Object---Release of accused on bail is not meant to give favour to accused but to make him face the trial which, otherwise, is the sole object of every charge/allegation that it should meet its legal fate which is subject to trial and not by keeping the accused behind the bars. (e) Criminal Procedure Code (V of 1898)--- ----Ss. 497 499---Bail---Bond of accused and sureties---Quantum of surety amount, determination of---Scope---Section 499, Cr.P.C. requires nothing more than ‘satisfaction of…

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