Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302(b)

Criminal Procedure Code (V of 1898)-------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.Saeed Zaman v. The State and another 2020 SCMR 1855; Rana Muhammad Siddique v. The State and another 1994 PCr.LJ 118; Abdul Jabbar v. The State 1998 PCr.LJ 1465; Khurram Ghani v. The State PLD 2010 Karh. 200; Maqbool Ahmad v. The State 2021 MLD 1038 and Moti Ram and others v. The State of Madhya Pardesh AIR 1978 SC 1594 rel.Date of hearing: 18th October, 2024.JUDGMENTDR. KHURSHID IQBAL, J.---By its Order dated 26.04.2024, this Court has granted bail to the applicant Mustafa in a murder case FIR # 661, registered on 11.08.2023, in Police Station Cantt. D.I Khan. As per the order, the release of the applicant is subject to production of bail bonds in sum of Rs. 4,00,000/00 with two sureties each in like amount to the satisfaction of…