IN THE HIGH COURT OF SINDH AT KARACHI
Cr.
Misc. Application No.343 of 2012
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
1. For orders on M.A.No.233/2013.
2. For Katcha
Peshi.
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17.01.2013
Mr. Mohammad Khalil Dogar Advocate for the applicant.
Ms. Sheeraz
Iqbal standing counse.
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Through
this application, reduction of surety amount has been sought. Learned counsel
appearing for the applicant contends that on account of embezzlement of Rs.100
Million, crime No.36/2011 was lodged by FIA Crime Circle, Karachi and
consequently a sum of Rs.95417024/- was recovered and the present outstanding
is Rs.46 lacs. Per counsel learned Special Court vide
its order dated 18.12.2012 granted bail to the applicant against surety in the
sum of Rs.10 Million, which led to moving an application of reduction of surety
and ultimately, the Special Court reduced the surety amount from Rs.10 Million
to Rs.2 Million. Counsel says that the applicant even is not in a position to
pay such amount and therefore, prays for reduction of the surety. Sub section
(7) of Section 5 of the Ordinance 1984 provides that the surety amount shall be
equivalent to the amount embezzled and the dicta laid down by this Court in
various judgments is that such embezzled amount is to be equally distributed
amongst the persons charged for determining the amount of surety and since
there are four accused persons involved in the instant crime, therefore, the
surety amount worked out would be Rs.10 Million for the each accused.
Learned standing counsel is not in a position to
controvert the legal position.
In the circumstances, we while allowing this
application, reduce the surety amount from Rs.2 Million to Rs.1 Million in
terms of the order of the Banking Court.
JUDGE
JUDGE
Wasim
ps