2007 PLP 1676 (YLR)
MUHAMMAD ISLAM KHAN — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 1676 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Sh. Hakim Ali, J |
| Parties | MUHAMMAD ISLAM KHAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1676 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1676 (YLR)?
The case was heard and decided by the Lahore bench comprising: Sh. Hakim Ali, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1676 (YLR) (MUHAMMAD ISLAM KHAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sharnsheer Iqbal Chughtai for Petitioner.
Headnotes / Summary
S. 514
Penal Code (XLV of 1860), Ss.302, 324, 148 & 149
Cancellation of bail and forfeiture of bail bond
Accused for whom petitioner stood surety having absented from appearing, bail granted to accused was cancelled, bail bond was forfeited and notice was issued to petitioner to show cause as to why the whole amount of bail bond should not be imposed as penalty upon petitioner/surety
Petitioner had not appeared in the court, the Trial Court imposed penalty of Rs.20,000 upon him
Petitioner had impugned said order of the Trial Court in revision before High Court on the ground that he was never served with any notice of show-cause and that ex parte order passed against him was liable to be set aside
State counsel stated that from the record, it did not appear that petitioner was served with any notice of show-cause
When petitioner had been condemned unheard, impugned order passed by the Trial Court, was set aside and case was remanded to the Trial Court for decision afresh after affording opportunity of filing of reply to the show-cause notice and hearing to petitioner. Ch. Shafi Muhammad Tariq, A. A.-G. for the State.
Judgment & Decree
SH. HAKIM ALI, J.
In case F.I.R. No.245 of 2000, registered with Police Station Khairpur Tamewali, under sections 302/324/148/149 of the P.P.C., Syed Auon Abbas had filed a bail before arrest petition before learned Additional Sessions Judge, Bahawalpur in which interim bail was granted to him subject to furnishing of surety. The petitioner had stood surety for the aforesaid accused for a sum of Rs.50,
000. On 15-8-2003, Syed Auon Abbas, absented from appearance from the aforesaid Court on the ground of ailment and his request for exemption was also turned down on the same day by the learned Court and the bail was cancelled and bond was forfeited and notice was issued to the surety to show-cause as to why the whole amount of bail bond may not be imposed as penalty upon the petitioners. As the petitioner had not appeared in the Court on 23-9-2003, therefore, learned Additional Sessions Judge, imposed penalty of Rs.20,000 upon the petitioner. The aforesaid order is being impugned through this criminal revision.
2. Learned counsel submits that the petitioner was never served with any notice of show cause. The petitioner had not appeared and order was passed ex parte which is liable to be set aside.
3. Learned A.A.-G. appearing on Court's call has been heard who has stated that from the record, it does not appear that the petitioner was served with any notice of show cause.
4. In these circumstances, when the petitioner has been condemned unheard, the impugned order dated 23-9-2003 passed by the learned Additional Sessions Judge, is set aside and the case is remanded to the aforesaid learned Additional Sessions Judge, for decision afresh, after affording an opportunity of filing of reply to the show-cause notice and hearing to the petitioner/surety. The petitioner/surety shall .appear before aforesaid Court on 6-6-2006. H.B.T./M-222/L Order accordingly.