Reduction of Surety Amount
Section 498 and 499 of Criminal Procedure Code
Section 561-A Pakistan Penal Code 1860, Section 489-F PPC
Surety Amount, fixing of – principle- reduction in surety amount – Accused persons were granted bail and amount of surety was fixed as equivalent to the amount of dishnoured chceques – plea raised by accused person was that amount of surety was to be fixed by court keeping in view financial position of accused – validity – fixiing of surety equivalent to the amount of dishonoured cheque could not applied as a matter of rule in all cases – object of calling upon accused to furnish surety was not to penalize them but to ensure their presence in court – Amount of surety must be fixed with regard to nature of offence and means of accused – High Court reduced amount for each of the accused from 50% to 25% of the amount of dishonoured cheques.
PLD 2013 Sindh 68
Section 498 and 499 of Criminal Procedure Code
Section 561-A Pakistan Penal Code 1860, Section 489-F PPC
Surety Amount, fixing of – principle- reduction in surety amount – Accused persons were granted bail and amount of surety was fixed as equivalent to the amount of dishnoured chceques – plea raised by accused person was that amount of surety was to be fixed by court keeping in view financial position of accused – validity – fixiing of surety equivalent to the amount of dishonoured cheque could not applied as a matter of rule in all cases – object of calling upon accused to furnish surety was not to penalize them but to ensure their presence in court – Amount of surety must be fixed with regard to nature of offence and means of accused – High Court reduced amount for each of the accused from 50% to 25% of the amount of dishonoured cheques.
PLD 2013 Sindh 68
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