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1993 P Cr. L J 483

MUHAMMAD SHAFIQ SHAH and 2 others vs THE STATE

Citation1993 P Cr. L J 483
CourtSindh High Court
Case No.Cr. Bail Appin. No,121 of 1992
Date1992-06-24
Judge(s)Qaisar Ahmed Hamidi
ResultOrder accordingly

ORDER

' Applicants Muhammad Shafiq Shah, Muhammad Nadeem and Arshad, who are facing trial in Crime No,8 of 1992, North Nazimabad Police Station under section 399/402, P.P.C. In the Court of IInd Additional Sessions Judge (Central) Karachi, were granted bail by this Court on 26-2-1992 in the sum of Rs,50,000 each with P.R. Bond in the like amount to the satisfaction of the trial Court and although the bail was granted to them about 4 months back they have not been able to secure their release by furnishing their requisite surities. Mr. Sardar Muhammad Ishaque, learned counsel for applicants has contended that the applicants are too poor to arrange for this heavy surety amount, with the result that they are still in custody although the concession of bail was extended to them as far back as 26-2-1992. He has placed reliance upon two cases of this Court reported as Abdul Qadir v. The State PLD 1991 Kar. 353 and Kamal and another v. The State 1992 P Cr. L J 1152 in an attempt to show that the object of calling upon the accused to furnish the surety is not to penalize them but no ensure their presence before the trial Court.

2. Faced with this situation, Mr. KM. Nadeem, learned AA.-G. Has conceded to the reduction of the surety amount to a reasonable extent, and I think rightly. Accordingly the application made under section 498, Cr.P.C. Seeking reduction of the surety amount is accepted and the amount of bail bond is reduced from Rs,50,000 each to Rs,25,000 each with P.R. Bond in the like amount to the satisfaction of the trial Court.

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