1994 PLP 122 (MLD)
MUHAMMAD SULTAN — Petitioner Versus THE STATE — Respondent
| Citation | 1994 PLP 122 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD SULTAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1994 PLP 122 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP 122 (MLD)?
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: 1994 PLP 122 (MLD) (MUHAMMAD SULTAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hasnat Ahmed Khan for Petitioner.
Headnotes / Summary
S.514
Penal Code (XLV of 1860), S.302
Reduction in penalty amount
Petitioner had stood surety in the sum of Rs.50,000 for the accused involved in a case registered under S.302, P.P.C. who could not be rearrested and Sessions Court after confiscating the surety bond had directed the petitioner to pay the full surety amount
Held reduction of penalty amount as claimed by the petitioner was not in the interest of law, because it would become mockery of justice if the sureties were allowed concession to the extent of 1/5th of the surety amount
Court, keeping in view the humanitarian consideration for which the petitioner stood as surety, reduced the amount from Rs.50,000 to Rs.25,000 which could meet the ends of justice keeping balance in the interest of the State and the surety.
Judgment & Decree
This revision petition is directed against the. order of the learned Additional Sessions Judge, Okara dated 2-9-1990, whereby he confiscated the surety bond and directed the petitioner to pay the full surety amount of RS.s0,ooo.
2. The learned counsel for the petitioner has not assailed the order of the Trial Court on procedural point, but has submitted that the petitioner stood surety on humanitarian ground for the accused, hence there should be reduction in the amount of forfeiture and has placed reliance on 1988 PCr.LJ 1256,1988 MLD 380; 1990 SCMR 1092 and NLR 1988 Cr.LJ 196, on the point that even in case where the accused has absconded, the amount of penalty was reduced to 1/5th of the surety amount.
3. Learned counsel for the State has contested this petition on the ground that Gulzar for whom the petitioner stood surety was accused of an offence under section 302, P.P.C. and uptil now he has not been rearrested and no concession should be shown to the surety in a case where the accused is not rearrested and as such no case for reduction of penalty amount is made out in the circumstances of the present case. He has further contended that if the surety is allowed the concession as prayed for, then it will be a mockery of law and every surety for a particular amount could get rid of the legal obligation by paying nominal amount and this will lead to dangerous result and no respect will be shown to the law by the accused or the surety.
4. After hearing the learned counsel for the parties and examining the case-law, I find that the reduction of penalty amount as claimed by the petitioner would lead to the result which would not be in the interest of law, because it will become mockery of justice if the sureties are allowed concession to the extent of 1/5th of the surety amount. Keeping in view the humanitarian consideration for which the petitioner stood as surety, I would reduce the amount from Rs.50,000 to Rs.25,000 as it would meet the ends of justice keeping balance in the interest of the State and the surety. The petitioner is given twenty days time, from the date of this order to deposit the amount in the treasury, failing which the said amount would be recovered from the petitioner as laid down in the law through coercive method. The petition is partly accepted. N.H.Q./M-1234/L Penalty reduced.