2023 SCMR 401
Ss. 497 & 499 ---Prevention of Electronic Crimes Act (XL of 2016), Ss. 13 & 14---Penal Code (XLV of 1860), Ss. 420, 468, 471 & 109---Constitution of Pakistan, Art. 185(3)---Electronic forgery and fraud---Bail, grant of---Condition of depositing money in Trial Court for grant of bail---Legality---High Court granted post-arrest bail to accused, subject to his furnishing of bail bonds in the sum of Rs.500,000/- with one surety in the like amount to the satisfaction of the trial Court, and further directed the accused to deposit Rs.3.5 million in the Trial Court---Held, that the High Court without any legal backing imposed the condition of depositing of Rs.3.5 million besides the surety bonds---Petition for leave to appeal was converted into appeal and allowed, the condition imposed by the High Court of depositing of Rs.3.5 million in the trial Court was set-aside and the order of granting post-arrest bail to the accused, subject to his furnishing bail bonds of Rs.500,000/- (Rupees five hundred thousand) with one surety was maintained.
Ss. 499 & 514---Bail, grant of---Conditions imposed on accused for grant of bail---Principles---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.
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