IN criminal cases, the accused has to file a bail application either before or after arrest. The very purpose of the submission of personal surety, if allowed by the court, on the part of the applicant-accused is to ensure physical attendance when required. In case the accused is missing, the person who stood as surety is supposed to bring the accused to the dock on the directions of the court. The surety is also offered, if allowed, in terms of amount or papers at the time of bail. In case of violation, the surety is forfeited after due formalities. In cases where a surety bond cannot be submitted, bail is refused. It has been observed that many bail applicants have nothing to do with the cases lodged against them, but furnishing of surety is an essential element at the time of bail.

Sometimes the surety amount happens to be in the millions, and the impover-ished are unable to arrange the amount. As such, they have no option but to spend their days of incarceration in prison. This period is often, if not always, uncertain owing to the time our legal system takes to dispose of cases. Further, those who are subsequently found guilty have their time in prison adjusted against their sentence. What about those who spent time waiting for the hearing of their cases and are then found to be innocent by the court? There is no compensation for them.

On the other hand, in several cases, large surety amounts have been reduced by the courts when approached by the applicant-accused, and such precedents are available in law journals. The purpose of law is, inter alia, to provide protection and speedy justice, but non- submission of huge sureties becomes the source of delay, and such a delay can be avoided by enacting laws related to sureties.

Finally, instead of ordering massive sureties, furnishing a CNIC, passport, or other related documents to identify the applicant-accused, should be accepted. If it happens, it will be a great step towards the dispensation of speedy justice.

Riaz Ali Panhwar
Hyderabad

Published in Dawn, April 24th, 2024