1991 P Cr (PLP)
EHSANULLAH — Petitioner Versus THE STATE — Respondent
| Citation | 1991 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | EHSANULLAH — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1991 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 P Cr (PLP) (EHSANULLAH — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Ahmad Sher Lali for Petitioner.
Headnotes / Summary
S. 514
Petitioner stood surety for an accused person who absented from Court but had appeared again before the Court-- Entire amount of Rs.50,000 of surety bond was forfeited
Forfeiture of entire amount being harsh, penalty was reduced to Rs.10,000 in circumstances.
Judgment & Decree
S. 514
Petitioner stood surety for an accused person who absented from Court but had appeared again before the Court-- Entire amount of Rs.50,000 of surety bond was forfeited
Forfeiture of entire amount being harsh, penalty was reduced to Rs.10,000 in circumstances. Mian Ahmad Sher Lali for Petitioner. Syed Zulfiqar Haider for the State. Date of hearing: 6th March, 1991. Mst. Salma Bibi was arrested in a criminal case. She applied for her pre- arrest bail and was admitted to interim bail in the sum of Rs.50,
000. Ehsanullah petitioner stood surety and executed the surety bond. The case was fixed for the confirmation of the bail on 11-11-1986. Mst. Salma Bibi did not appear in the Court, instead she submitted medical certificate. The case was adjourned to 18 11-1986, Mst. Salma was again absent. This time, she again submitted a medical certificate, which was not accepted. The interim order was recalled and notice was issued to the surety/petitioner. Ultimately, the learned Sessions Judge imposed the penalty of the entire amount of Rs.50,000 and directed its recovery by attachment and sale of his property, hence this petition.
2. The learned counsel for the petitioner has only requested for reduction in the penalty amount on the ground that Mst. Salma Bibi had appeared before the learned Sessions Judge in her second application on 4-1-1987. The learned counsel for the State has not opposed him.
3. I have considered the matter carefully. I feel that in the circumstances that Mst. Salma Bibi had moved second application for pre-arrest bail and has physically appeared before the learned Sessions Judge, it is a fit case for the reduction of penalty amount. The order of the learned Sessions Judge forfeiting the entire penalty amount of Rs.50,000 even otherwise appears to be somewhat harsh. So the penalty amount of Rs.50,000 is reduced to Rs.1Q,
000. The learned counsel for the petitioner has agreed to deposit this amount in the Court of learned Sessions Judge, Sialkot, within two months. In case, the penalty amount is not deposited within two months from today, the learned Sessions Judge, Sialkot, will initiate legal action for the recovery of this amount from the petitioner. Disposed of accordingly. S.A./E-32/L Order accordingly