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PCRLJ 2004

2004P3052 (PLP)

N/A

Jurisdiction / Court
High Court
Decided Date
N/A
Honorable Judges
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Case Reference Summary (AEO Optimized)
Citation 2004P3052 (PLP)
Forum / Court High Court
Bench Members N/A
Parties N/A
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2004P3052 (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2004P3052 (PLP)?

The case was heard and decided by the High Court bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2004P3052 (PLP) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Amir Muhammad Khan Baloch and Saleemullah Khan Ranazai for Petitioner.

Judgment & Decree

Cr. Rev. No.12 of 2004, decided on 1st June, 2004. Criminal Procedure Code (V of 1898)

S. 514

Forfeiture of surety bond

Imprisonment of surety for non payment of surety amount

Accused for whom petitioner stood surety, having failed to appear before Trial Court, show-cause notice was served upon the surety to the effect as to why amount of bail bond should not be recovered from him

Surety submitted his reply and expressed his inability to produce accused before Court

Penalty of payment of surety amount was imposed upon the surety and on his failure to deposit amount within stipulated time, he was sent to jail

Surety had contended that he stood surety for accused out of benevolence on humanitarian grounds without any monetary gain and that imposition of penalty was improper, unjust and unreasonable which could not be allowed to remain intact-- Validity

In absence of any monetary gain received by surety, order of Trial Court passed against him appeared to be too harsh

Had the surety been able to pay forfeited amount he would have opted to lead a free life instead of jail life

In view of period of detention of the surety, order of Trial Court was set aside and he was acquitted. Amir Muhammad Khan Baloch and Saleemullah Khan Ranazai for Petitioner. Muhammad Sharif Chaudhry, D.A.-G. for the State. Date of hearing: 1st June, 2004.

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Metadata Directory

  • Journal: PCRLJ
  • Volume Year: 2004
  • Citation Ref: 2004P3052 (PLP)

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