Pakistan Case LawMalik SABIH HUSSAIN Versus THE STATE
This matter originated as a petition for leave to appeal against an order of a Single Judge of the Lahore High Court, which had declined a request to modify the terms of bail regarding the number of sureties required. The core legal question concerned the appropriateness of the bail conditions imposed by the High Court, specifically the number of sureties. Upon review, the State counsel consented to an increase in the number of sureties. Consequently, the Supreme Court converted the petition into an appeal and allowed it, modifying the bail order to permit the petitioner to furnish four sureties, each in the sum of Rs. 250,000, in lieu of the single surety previously ordered. The judgment affirms the principle that bail conditions, particularly regarding the number and nature of sureties, may be adjusted by the appellate court, especially when the State does not oppose such modification to ensure the effective securing of the petitioner's attendance.
- Can an appellate court modify the number of sureties required for bail if the State does not object?
- Is a petition for leave to appeal against a bail condition order maintainable if the State consents to the requested modification?
ORDER
AJMAL MIAN, J.---This is a petition for leave to appeal against the order dated 28-9-1994 passed by the learned Single Judge of Lahore High Court in Criminal Miscellaneous No, 1003/M of 1994 filed in Criminal Miscellaneous No, 3110-B of 1994 for reduction of number of bail or increasing the mumber of sureties, but the request has been declined by the learned Single Judge in Chamber. Mr. J.V. Gardner, learned counsel for the State is present and submits that State will have no objection if, the number of sureties is increased from 1 to 4.
This petition is converted into appeal and allowed. The petitioner can furnish 4 sureties each in the sum of Rs,2 lacs 50 thousand, instead of one surety, in the terms of the order passed by the High Court.
Judges on this bench
- Ajmal Mian2,984 judgments
- Muhammad Munir Khan2,344 judgments