2007 PLP 575 (SCMR)
MUHAMMAD ALI and others — Petitioners Versus THE STATE — Respondent
| Citation | 2007 PLP 575 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Hameed Dogar, Hamid Ali Mirza and Karamat Nazir Bhandari, JJ |
| Parties | MUHAMMAD ALI and others — Petitioners Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2007 PLP 575 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 575 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Hameed Dogar, Hamid Ali Mirza and Karamat Nazir Bhandari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 575 (SCMR) (MUHAMMAD ALI and others — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ghulam Qadir Jatoi, Advocate Supreme Court for Petitioners.
- 4. Dr. Kazi Khalid, learned Additional Advocate-General, Sindh for the State conceded the facts and slated that since the accused named above have been produced before the trial Court, as such petitioners deserve leniency in reduction in the amount of surety.
Judgment & Decree
ABDUL HAMEED DOGAR, J.
By this single order, we propose to dispose of Criminal Petitions Nos.2-K and 3-K of 2005 filed against the order dated 25-11-2004 passed by a learned Division Bench of the High Court of Sindh, Circuit Court, Larkana, whereby Criminal Revision Applications Nos.77 and 78 of 2004 filed by petitioners were dismissed.
2. Briefly, stated the facts of the case, are that a case under sections 302/324/395/148/149, P.P.C. was registered against accused, namely, Perze Mali and Noor Hassan at Police Station Kashmore, District Jacobabad, vide F.I.R. No.96 of 2001. Both the accused were arrested and thereafter released on bail by the order of Special Judge for S.T.A./ Additional Sessions Judge, Kandhkot. The petitioners stood sureties for a sum of Rs.2,00,
000. During the trial both the aforesaid accused absented themselves on 19-7-2003 and 25-7-2003 respectively and were declared proclaimed offender by the trial Court. Resultantly, vide order dated 5-6-2004 the petitioners were penalized for entire surety amount of Rs.2,00,000 each to be paid within a month. The petitioners challenged the said order by filing revision applications before the learned High Court of Sindh which were dismissed vide impugned order.
3. It is contended by the learned counsel for the petitioners that petitioners have produced the accused, namely, Peroze Malik and Noor Hassan before the trial Court after hectic efforts, as such, they deserve leniency in forfeiture of surety amount. Irrespective of above, said accused have been acquitted by the trial Court.
4. Dr. Kazi Khalid, learned Additional Advocate-General, Sindh for the State conceded the facts and slated that since the accused named above have been produced before the trial Court, as such petitioners deserve leniency in reduction in the amount of surety.
5. Since the petitioners have produced accused, namely, Peroze Hassan and Noor Hassan before the trial Court who after trial have been acquitted, as such, on humanitarian ground, we feel appropriate to reduce the forfeited amount from Rs. two lass to one lac each.
6. With the above modification in the forfeited amount of surety, both petitions are converted into appeal and are partly allowed. H.B.T./M-11/SC????????????????????????????????????????????? ??????????????????????????????????? Order accordingly.