LAHORE, Feb 24: The Law and Justice Commission of Pakistan seeks to bring matters related to bail surety bonds under a more effective legal discipline through amendments to the Code of Criminal Procedure 1898.

The commission has drafted a law which is being sent to the federal government for moving the National Assembly to enact the amendments. The proposed amendment to Section 514(2) of the CrPC, if adopted by the National Assembly, will empower courts to attach and sell immovable property against a surety bond in case of the failure of an accused to appear in court after bail. Under the existing provision, only movable property can be attached.

Similarly, an amendment to Section 514(5) of the CrPC is directed to sufficiently curtail discretionary powers of courts and not allow them to remit more than half of surety money as a concession. At present, courts have powers to remit any percentage of fine or surety.

The bail bond is a written undertaking given by an accused that he would appear in court for trial on criminal charges. In case of his failure to do so, the amount of surety mentioned in the bail bond could be confiscated by the state.

Sections 513 and 514 of the Code of Criminal Procedure explain the legal procedures for forfeiting a bail bond and selling the attached movable property. Bail bonds under the CrPC ensure that an accused would remain peaceful and show good behaviour at least during trial.

As for Section 513 of the CrPC, it allows an accused person to deposit a sum of money fixed by the court in lieu of a bail bond with surety. The Justice and Law Commission feels that this method is the safest in securing attendance of an accused person. Because in case of the failure of an accused to attend court, the money can be forfeited.

However, the LJC understands that the procedure for forfeiting surety money, as described in Section 514 of the Code of Criminal Procedure, is complicated and can be misused particularly when courts have discretionary powers to remit any percentage of the penalty amount.

Besides, the courts have power to attach and sell only movable property in case the penalty amount is not paid. The power, according to the LJC, is limited. A mention of both movable and immovable property in the bail bond makes it a legal anomaly.

The commission also talks of a situation where the accused becomes a fugitive and the surety is asked to either produce the accused or pay the penalty.

In such cases, the commission observes, the surety always takes shelter behind the concessional Section 514(5) of the CrPC in securing as big a remission as possible. The commission cited a number of cases where courts had reduced the penalty amount substantially using their discretionary powers, and said that "such concessions amount to a mockery of justice" .

The draft amendment bill prepared by the commission seeks to amend Section 514(2) and add to it the word "immovable" (property). Similarly, it wants Section 514(5) to include the words: "which shall not be more than half of surety amount of penalty".