Once the accused reappears the surety's responsibility ends, rules LHC
Pakistan
The judgment noted that in many cases, individuals post sureties as a public service
LAHORE (Muhammad Ashfaq) - The Lahore High Court (LHC) has overturned a Rs100,000 fine imposed by a trial court on a citizen, who had submitted surety bonds for an accused in an illegal arms case who later failed to appear in court.
Justice Abhar Gul Khan issued a four-page verdict on the appeal filed by Kameer Khan, stating that providing surety for a bail applicant was a fundamental component of the justice system, which helps decongest prisons by facilitating the release of detainees.
The judgement emphasised that in many cases, individuals post sureties as a public service, and if the accused fails to appear, the surety provider cannot automatically be penalised.
The court further noted that once the accused reappears, the surety’s responsibility ends, and the matter remains between the accused and the court.
Based on this reasoning, the LHC declared the trial court’s order of fining the surety null and void.
Earlier, the trial court had granted bail to the accused in the illegal arms possession case, and had imposed a Rs100,000 fine on the surety when the accused failed to attend proceedings.
