2018 YLRN 60

FIDA HUSSAIN Versus State

Citation2018 YLRN 60

CourtSindh High Court

Judge(s)Shahnawaz Tariq

ORDER

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 the parties and perused the record, which reflects that learned trial Court granted bail to the applicant vide order dated 03.09.2015, subject to the furnishing Defence Saving Certificate of Rs.500,000/- and P.R. bond in the like amount. However, applicant could not furnish surety due to his cripple financial circumstances. Indeed, applicant is behind the bar since grant of bail and he could not offer his surety during the period of 4 months and 16 days only on account of stringent condition imposed by learned trial in bail order. It is significant to mention that while dealing with the question of bail, if Court comes to the conclusion that on merits accused is entitled for grant of concession of bail, at that juncture, Court should also consider the financial status of the accused while fixing the quantum of the surety amount so that he may furnish the same conveniently. In case of exorbitant surety amount or imposition of any strict condition which may defeat and delay the very purpose of release of accused, should be avoided which otherwise would amounting to the denial of the right of bail of accused, as main principle is bail and not Jail

5. Considering the above fact and circumstances, instant revision stands allowed and impugned order dated 03.09.2015 is modified and applicant is permitted to furnish solvent surety in the sum of Rs.5,00,000/- and PR bond in the like amount to the satisfaction of the learned trial Court, instead of depositing Defence Saving Certificate worth Rs.500,000/-.

WA/F-6/Sindh Revision allowed.