IN THE HIGH COURT OF SINDH AT KARACHI
Crl. Misc. Application No. 198 of
2017
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
1. For orders on Misc. No. 731/2018
2. For hearing of case.
26.01.2018
Mr. Sajjad Gul Khatri Advocate for the
applicant.
Mr. Muhammad Iqbal Awan, DPG.
-.-.-.-.-.
This
is an application for reduction of surety. It appears that bail was granted to
accused Syed Zameen by learned Judge, Special Court-I, (CNS), Karachi in FIR
No. 27/2017 under Section 9(c) of the CNS Act, 1997 registered at Police
Station Manghopir in the sum of Rs.150,000/- and P.R bond in the like amount
vide order dated 05.10.2017. Accused could not arrange the surety. Thereafter,
application was submitted before the Trial Court for reduction of the surety
amount, which was dismissed vide order dated 24.11.2017. Thereafter, wife of
the accused has filed instant Criminal Misc. Application under Section 561-A
Cr.P.C for reduction of the surety amount.
Learned
counsel appearing on behalf of applicant submits that accused is poor person.
Applicant being the wife of the accused has made all possible efforts for
arranging the surety, but she is unable to arrange and for want of surety,
accused, despite grant of bail on 05.10.2017, is in jail.
Mr. Muhammad Iqbal Awan, learned
DPG recorded no objection if surety amount is reduced to some reasonable
extent.
We have learned counsel for the parties and perused the
record. While granting bail, financial status of the
accused is also to be looked into. In this case, accused could not arrange the
surety. Allegation according to the case of prosecution against accused is that
1465 Grams of Charas was recovered from his possession. Keeping in view the
poverty and date of grant of bail, this is a fit case to reduce surety amount,
therefore, surety amount is reduced from Rs.150,000/-
to Rs.50,000/- and P.R bond in the like amount to the satisfaction of the Trial
Court. Order of trial Court is modified to that extent only.
This Criminal Misc. Application is disposed of in the above terms.
JUDGE
JUDGE