MUHAMMAD TANWEER Versus STATE

ORDER

1. Applicant has moved this application for reduction of the surety amount. The applicant is involved in a case under section 156(1)(8) of the Customs Act, 1969. On 14-4-1993 he was granted bail and was directed to be released on furnishing one surety in the sum of Rs.10 lacs with P.R. bond in the like amount. The applicant has not been able to arrange the required surety and through this application reduction of the surety amount is sought. The affidavit in support of the application has been filed by one Humayun Butt, who is the first cousin of the applicant, in which it is stated that he and other relatives/friends of the applicant tried to manage for the required surety which could not be arranged.

2. I have heard the learned counsel and perused the order by which bail is granted to the applicant.

3. Mr. Rana M. Shamim, learned counsel for the applicant, has contended that the amount of surety is exorbitant and needs to be reduced as, otherwise applicant in spite of grant of bail will not be able to arrange for surety. He has referred to (1) Muhammad Shafiq Shah and 2 others v. The State 1993 P Cr. L J 483, where a learned Judge of this Court reduced the surety amount from Rs.50,000 to Rs.25,000 in a case in which accused was. charged for offence under section 399/402 of P.P.C. He then referred to tile case of Syed Shamshad Qazi v. The State 1986 P Cr. L J 212, where the amount of surety was reduced from Rs.50,000 to Rs.25,000. Reliance is also placed by the learned Advocate on Kamal and another v. The State 1992 P Cr. L J 1152, where a learned Single Judge of this Court reduced the surety amount from 2 lacs to Rs. one lac in a case in which accused was charged for offence under section 156(1)(8) of the Customs Act, 1969. Reference is also made to a case reported in 1992 P Cr. L J 846 (Lahore), in which the accused was directed to be enlarged on bail on furnishing bond in the sum of Rs. one lac with two sureties in the like amount. The learned Judge of the Lahore High Court altered the said order and while allowing the revision petition reduced the amount to Rs.50,000 with one surety in the like amount.

4. Mr. Farrukh Zia Shaikh, learned Advocate for the State, has suggested that the amount of surety bond may be reduced to Rs. 7 lac but not to Rs.5 lac as was pleaded by the applicant's learned Advocate.

5. On perusal of the application and the contents of the affidavit, it seems that the applicant, is unable to arrange for the surety in the sum of Rs.10 lacs and could not be released on bail since 14-4-1993. In view of the circumstances the application made under section 498 of Cr.P.C. seeking reduction of the f surety amount is accepted and the amount of bail bond is reduced from Rs.10,00,000 (Rupees ten lac) to Rs.5,00,000 (Rupees five lac) with P.R, bond in the like amount to the satisfaction of the Nazir of this Court.

6. N.H.Q.M/1881/K Surety amount reduced.