MUHAMMAD AFZAL BADAMI vs THE STATE
This matter arose from an application seeking the reduction of the surety amount ordered by the trial court while granting bail to the applicant/accused. The trial court had granted bail subject to a surety bond of Rs. 13,00,000 and a personal recognizance (P.R.) bond in the like amount. The core legal question before the High Court was whether the surety amount was excessive and warranted reduction under the peculiar facts and circumstances of the case, particularly where there were four accused, the main beneficiary was absconding, and the applicant's potential culpability was limited to a fraction of the total amount. The High Court, noting the concession by the learned Deputy Attorney-General and considering the specific facts of the case, allowed the application and reduced the required surety amount from Rs. 13,00,000 to Rs. 5,00,000 along with a P.R. bond in the like amount to the satisfaction of the trial court. The key principle applied is that surety amounts for bail may be reduced by the court where the original amount is disproportionate under the peculiar facts and circumstances of the case.
- Whether an excessive surety amount fixed by a trial court for granting bail can be reduced by the High Court in peculiar facts and circumstances?
- Can the court reduce the required surety amount for bail taking into account the proportionate potential liability of an accused among co-accused?
ORDER
1. ' The applicant/accused was granted bail by the trial Court in the sum of Rs,13,00,000 and P.R. Bond in the like amount and by this application the applicant/accused has sought reduction of the amount of surety.
2. It is contended that in all there are four accused in the matter and actual beneficiary is absconding. He states that if the culpability of the applicant/accused in the commission of offence is prima facie, established even then he will be responsible to the extent of 1/4th amount .
3. ' Learned Deputy Attorney-General concedes to the arguments of the learned counsel for the applicant / accused.
4. 'Looking towards the peculiar facts and circumstances of the case amount of surety is reduced from Rs,13,00,000 (Rupees thirteen lacs) to Rs,5,00,000 (Rupees five lacs) and P.R Bond in the like amount to the satisfaction of the trial Court.
5. Revision
Cited by 1 case
- ABDUL FATTAH vs THE STATE 2011 YLR 1823