In order to ensure future attendance, the accused is required to submit bail bond under section 499 of the Code of Criminal Procedure, 1898 (the Code) and while asking the accused to submit sureties, the Court is not required to impose any condition upon the accused for further depositing of money. In case of default or non-appearance in Court, the Court may proceed to forfeit such bail bond under section 514 of the Code.
When the Court comes to a conclusion that an accused is entitled to be released on bail then of course such bail granting order cannot be subjected to riders and conditions. While admitting to an accused person on bail, actually he is released from the custody of the authorized officer/judicial lockup of the Court and his custody is entrusted to a person known as his surety, who is bound to produce him in Court at a specific time and place to answer the charge against him. Even no condition can be imposed upon an accused person in order to desist him from the repetition of the offence. This Court, since the year 1963 till date, has dis-approved the imposition of any condition while granting bail to an accused person as section 499 of the Code, under which bail bonds are submitted in the Court, is very much clear that bail bonds are sufficient for release of a person/accused.
(a) in terms of section 499 of the Code the Court cannot require an undertaking from an accused person before granting bail to desist from the repetition of the offence with which he is charged, as a condition precedent to the grant of bail; such a condition cannot be incorporated in a bail or surety bond itself;
(b) when bail is granted to an accused not as a mean of enforcing recovery of fine, but on its own merits, the same could not be made dependent on the payment of fine; any such condition would amount to curtail his liberty, for which he otherwise is entitled;
(c) grant of bail cannot be subjected to riders and conditions, if otherwise, a case stands made out; and
(d) an accused seeking bail, after submitting bail bond through sureties, desire transfer of his custody to his sureties who undertake his production as and when required by the Court and for that he has to make out a case in accordance with the law applicable thereto; he cannot be allowed or required to barter his freedom, and imposing any condition other than submission of sureties would be against the dictum laid down by this Court.
CRIMINAL PETITION NO.1251 OF 2022
Javed Iqbal Versus The State through D.A.G., Islamabad & another
01-11-2022
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