IRFAN YAQOOB vs The STATE
This Criminal Revision Application was filed seeking a reduction in the quantum of the surety amount required for the applicant's release on bail. The applicant, who had been granted bail by a Magistrate, found himself unable to furnish the required surety of Rs. 1,000,000, despite a previous reduction from an initial Rs. 2,000,000, due to financial hardship and poverty. Having remained incarcerated for over a year, the applicant sought further relief. The core legal question was whether the court could exercise its revisionary jurisdiction to reduce the surety amount when an accused is unable to meet the financial conditions of bail, effectively remaining in custody despite the grant of bail. The Court held that bail should not be withheld as a punishment, and that keeping an accused in custody solely due to an inability to furnish an excessive surety amount constitutes a miscarriage of justice. Consequently, the Court reduced the surety amount to Rs. 600,000, establishing the principle that courts must ensure bail conditions are reasonable and not punitive, preventing unnecessary detention due to financial incapacity.
- Can a court reduce the quantum of surety amount if an accused is unable to furnish it due to poverty?
- Is the requirement of excessive surety for bail considered a form of punishment?
- Does the High Court have the jurisdiction to reduce bail surety amounts in a criminal revision application?
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
ORDER
1. ' ABDUL MAALIK GADDI, J.---Through this Criminal Revision Application, Mr. Waqar Shah, Advocate has simply prayed for reduction of quantum of surety amount from Rs,10,00,000 (Rupees ten lac only) to Rs,600,000 (Rupees six lac only).
2. ' From perusal of record, it appears that accused Irfan Yaqoob alias Danish son of Muhammad Yaqoob has been granted bail by the learned XIIth Judicial Magistrate Karachi East on 15-3-2013 in Criminal Case No,3078 of 2012, F.I.R. No,63 of 2012 under sections 420/468/ 471, P.P.C., Police Station Soldier Bazar in the sum of Rs,20,00,000. The said surety amount was reduced from Rs,20,00,000 to Rs,10,00,000 by the learned District and Sessions Judge Karachi East vide his order dated 16.8.2013 passed in Criminal Miscellaneous Application No,1403 of 2013.
3. ' Now again through this Criminal Revision Application, he wants reduction of surety amount as according to the learned counsel for the applicant, the accused is behind the bar for more than one year outside from Karachi and never produced for trial. He further submitted that the accused has no means to furnish surety of huge amount as he is poor and unable to arrange the huge amount of surety for his release.
4. ' Learned D.P.G. Has opposed the request of learned counsel for the applicant. However, the complainant who is present in court has stated that it is up to the court to pass appropriate order under the circumstances of the case.
5. I have gone through the record available before me and come to the conclusion that in this matter admittedly the accused was granted bail by the learned XIIth Judicial Magistrate Karachi East subject to furnishing solvent surety in the sum of Rs,20,00,000 which was subsequently reduced from Rs,20,00,000 to Rs,10,00,000 by the learned District and Sessions Judge Karachi East but he could not arrange the same because of poverty and he is behind the bars for the last one year as stated in the Memo of Application which was supported by an affidavit.
6. ' In my view once the accused was granted bail and in spite of possible efforts he was unable to furnish surety in the required amount, then keeping in view the facts and circumstances of the case a reasonable reduction in the surety amount could be made so that the accused should not suffer unnecessarily for reasons beyond his control.
7. The scope of revision jurisdiction of this court is very wide and it is to be exercised whenever facts calling for its exercise are brought to the notice of the court and where the question of hardship is involved as happened in this case, such jurisdiction is to be exercised to prevent the gross miscarriage of justice.
8. Bail is not to be withheld as a punishment likewise after the bail is granted, the question of liberty of accused is involved. In the present case reasonable grounds have been disclosed by the applicant in the application and in his affidavit. In such state of affairs and while relying on the case-law reported in 1993 PCr.LJ 483 (Karachi) (MUHAMMAD SHAFIQ SHAH and 2 others v. THE STATE), the quantum of surety is therefore, reduced from Rs,10,00,000 (Rupees ten lac only) to Rs,600,000 (Rupees six lac only).
9. ' With this observation, the Criminal Revision Application is disposed off in the above terms.
Cited by 1 case
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