ORDER

Mohd. Shamim, J. This is an application by the petitioner for reduction in the surety amount.

2. Learned counsel for the petitioner Mr. Malviya has contended that the petitioner is a poor driver. He has been ordered to be released on bail on his furnishing a surety in the sum of Rs. 2 lacs with a personal bond in the like amount. The petitioner was ordered to be released vide order dated 29th October, 1996. However, he continues to remain in jail as he is too poor to furnish the said surety amount.

3. It is a well recognised principle of law that surety amount should be fixed keeping in view the pecuniary status of the party. In case a man is asked to furnish a surety in a sum which he is unable to furnish then the very purpose of granting the bail is defeated, Admittedly, there is no dispute on the point that the petitioner is a driver. Hence it cannot be expected from his to furnish a surety in such an ex-orbitant sum of Rs. 2 lacs.

4. Considering the above facts and circumstances I reduce the surety amount from Rs. 2 lacs to Rs. 25,000/-. Let the petitioner be released on bail now on his furnishing a surety in the sum of Rs. 25,000/- with a personal bond of the like