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Official Citation: 2025 IHC 212775
Court / Jurisdiction: Islamabad High Court
Parties: Shahid Rehman vs State
Ruling Summary: This decision was rendered by the Islamabad High Court, officially reported as 2025 IHC 212775. In this matter between Shahid Rehman and State, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
COURT: Islamabad High Court (Honourable Mr. Justice Muhammad Asif) AUTHOR JUDGE: Honourable Mr. Justice Muhammad Asif DECISION DATE: 22-APR-2025 CASE NO: Criminal Appeal-144-2025 CITATION: 2025 IHC 212775 PARTIES: Shahid Rehman VS State LAW / SECTION: - SUBJECT: Narcotics, Other REMARKS: Appeal against order in FIR No. 67/2024 dated 16-04-2024 U/s 9(1) 3-C / 15, P.S ANF, Islamabad. ============================================================ Form No: HCJD/C-121 ORDER SHEET
IN THE ISLAMABAD HIGH COURT, ISLAMABAD JUDICIAL DEPARTMENT
Crl. Appeal No. 144 of 2025
Shahid Rehman. Versus The State.
S. No. of order/ proceedings Date of order/ proceedings Order with signature of Judge and that of parties or counsel where necessary. 22.04.2025. Mr. Danish Akbar, Advocate for the appellant. Rana Zulfiqar Ali, Special Public Prosecutor, ANF.
MUHAMMAD ASIF, J.- Through this appeal, the appellant has challenged the order dated 11.04.2025 passed by the Special Court (CNS- II), Islamabad, whereby, his application seeking reduction of the surety bond amount, was dismissed. 2. Learned counsel for the appellant submitted that Shahid-ur-Rehman, the appellant, is a co-accused in the present case. He was granted bail by the learned Judge of the Special Court (CNS), Islamabad, vide order dated 09.01.2025, subject to furnishing bail bonds in the sum of Rs. 200,000/- (Rupees Two Hundred Thousand only) with one surety in the like amount, to the satisfaction of the learned Trial Court. Subsequently, due to his limited financial means, the appellant moved an application before the learned Trial Court for reduction of the surety amount, which was dismissed by order dated 11.04.2025. The appellant, belonging to an economically constrained background, is genuinely unable to furnish the surety amount as fixed. The imposition of such a condition has caused undue hardship and rendered the relief of bail ineffective in practice. Nevertheless, the appellant is willing to furnish surety to the extent of his financial capacity and undertakes to comply with any conditions imposed by this Honourable Court in the interest of justice. 3. The record reflects that the appellant, Shahid ur Rehman, was granted bail on 09.01.2025, subject to furnishing bail bonds of Rs. 200,000/- with one surety in the like amount. His application seeking reduction in the surety amount, filed on account of his limited financial resources, was dismissed by the learned Trial Court on 11.04.2025. The appellant has demonstrated his bona fide intention to comply with the bail conditions but, due to his financial constraints, is unable to arrange the required surety. It is a settled principle that bail, once granted, should not be rendered illusory or ineffective by imposing onerous conditions beyond the financial capacity of the accused. The conditions of bail must balance the objective of securing the attendance of the accused with ensuring that the relief granted does not become meaningless due to excessive financial burdens. 4. In view of the foregoing and considering the peculiar facts and circumstances of the case, this Court is of the view that the ends of justice would be served by reducing the surety amount. Accordingly, the instant appeal is allowed. The surety amount is reduced from Rs. 200,000/- to Rs. 100,000/- (Rupees One Hundred Thousand only). The appellant may deposit the surety bond in cash and shall furnish bail bonds in the reduced amount, along with one surety, to the satisfaction of the learned Trial Court.
(KHADIM HUSSAIN SOOMRO) (MUHAMMAD ASIF) JUDGE JUDGE
*Shakeel Afzal*