2004 PLP 1541 (SCMR)
ALLAH DITTA — Petitioner Versus THE STATE — Respondent
| Citation | 2004 PLP 1541 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Khalil-ur-Rehman Ramday and Karamat Nazir Bhandari, JJ |
| Parties | ALLAH DITTA — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2004 PLP 1541 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 1541 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Khalil-ur-Rehman Ramday and Karamat Nazir Bhandari, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 1541 (SCMR) (ALLAH DITTA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----S.514---Constitution of Pakistan (1973), Art. 185(3)---Forfeiture of bond---Petitioner had stood surety for the accused at the time of her release on bail---Due to absence of accused on one of the dates of hearing a notice, was issued to the petitioner to show cause against forfeiture of his bond---Petitioner did not appear before the Court in pursuance of the said notice---Bond furnished by the petitioner was consequently forfeited and the recovery of the amount of bond was directed---High Court in revision reduced the amount from Rs.50,000 to Rs.25,000---Non-appearance of accused before the Trial Court on any date of hearing had made her or her surety liable to pay the amount of bond---Jurisdiction exercised by the Courts below was, thus, valid and legal---Leave to appeal Was refused to petitioner accordingly.
- Abdul Sami Khawaja, Advocate Supreme Court for Petitioner.
- Date of hearing: 8th May, 2003.
Headnotes / Summary
(On appeal from the order, dated 18-2-2003 passed by the Lahore High Court, Lahore in Criminal Revision No. 56 of 2003). Nemo for the State.
Judgment & Decree
KHALIL-UR-RAHMAN RAMDAY, J.
Allah Ditta petitioner has stood surety for one Mst. Asma at the time of her release on bail in case F.I.R. No. 67 of 2002 of Police Station, B-Division of Okara. On account of the absence of the said accused person on one of the dates fixed for hearing, a notice was issued to Allah Ditta petitioner to show cause against forfeiture of the. bond furnished by him. He did not appear before the Court in pursuance of the said notice. Consequently, through an order, dated 23-1-2003 passed by a learned Additional District Judge at Okara the said, bond furnished by Allah Ditta was forfeited and recovery of the amount of bond was directed. On a revision filed by him bearing Criminal Revision No.56 of the 2003 the Lahore High Court through its order dated 18-2-2003 showed leniency and reduced the forfeited amount of bond from Rs 50,000 to Rs.25,000.
2. The learned counsel has not been able to show how the discretion exercised by the learned trial Judge or by the learned Revisional Court was illegal. Needless to mention here that non appearance of an accused person on any date of hearing makes the said accused person or the surety of such an accused person liable to pay the amount of bond and the jurisdiction exercised by the two learned Courts was thus valid and legal. There is thus no merit in this petition which is accordingly dismissed. Leave refused. N.H.Q./A-49/S Leave refused.