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1989 MLD 4731

Mian ABDUL WAHID vs THE STATE

Petitioner: Mian ABDUL WAHID VS Respondent: THE STATE

Court: Sindh High Court Decision Date: 1988-09-26

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Ahmed Ali U. Qureshi Title: Mian ABDUL WAHID vs THE STATE Case No.: Criminal Miscellaneous No.337 of 1988 Date of Judgment:1988-09-26 Reported As: 1989 MLD 4731 Result: application is allowed

Judgment ORDER 2. It is submitted that all the assets of the applicant have been seized by the F.I.A. Police. Therefore, the applicant is not in a position to furnish the security in the amount fixed by the learned trial Court. 3. It is settled law that while fixing the amount of surety bond the Court has to take into consideration the financial position of the person concerned whether he will be in a position to furnish the surety or dot. Otherwise such an order would amount to refusal of bail, if the amount is fixed beyond the reach of the accused person. 4. In the instant case the present applicant alongwith co-accused Muhammad Naeem have been challaned. They were the sole-proprietors of the partnership firm which was carrying on business in crores of rupees. The alleged fraud upon the Public is also said to have been committed in crores of rupees. As such the amount of bond cannot be too light. The possibility of the accused jumping the bail in such circumstances cannot be ruled out. Keeping in view all the above factors ant circumstances, I reduce the Mamount of bail from Rs.25,00,000 to Rs.15,00,000. The application is allowed in the above terms. S.A./A-671/KSurety amount reduced.

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