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Absence of mitigating circumstances

Absence of mitigating circumstances legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2013 PCrLJ 274 KARACHI-HIGH-COURT-SINDH Judicial Precedent
S. 514Forfeiture of surety bondAbsence of mitigating circumstancesEffectAccused was granted bailApplicant stood surety for the accusedAccused absented himself from date of hearingBond executed by surety was forfeited in its entirety and notice under S.514, Cr.P.C. was issued

Contentions of the surety that notice under S.514, Cr.P.C. was never served upon him, and that no lenient view was taken by the court and entire surety amount had been forfeited

Validity

Report regarding serving of notice revealed that the Trial Court had issued a notice under S. 514, Cr.P.C. and same was served upon the surety

Trial Court had adopted the procedure as provided under S.514, Cr.P.C.

Surety had not brought forward any mitigating circumstances to adopt a lenient view

Revision petition was dismissed with the observation that approach of the Trial Court appeared to be dynamic and progressive-orientated with the desire to discourage the accused persons from jumping bail bonds.

2013 PCrLJ 274 KARACHI-HIGH-COURT-SINDH Judicial Precedent
S. 514Forfeiture of surety bondGeneral ruleAbsence of mitigating circumstancesEffect

Where an accused person jumped bail bond, entire surety amount became liable to be forfeited in the absence of any mitigating circumstances.

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Precedents & Case Laws citing "Absence of mitigating circumstances"

PCRLJ 2013
2012-June-19

2013 P Cr

ABDUL WAHID — Petitioner Versus The STATE — Respondent

Court: Sindh
PLD 2002
Criminal Appeal No.591 of 2000, decided on 4th April, 2002.

P L D 2002 Supreme Court 792

MUKHTAR AHMED ‑‑‑Appellant Versus THE STATE‑‑‑Respondent

Court:
PCRLJN 2016
2014-November-28

2016 P Cr

NOOR AHMED — Applicant Versus The STATE — Respondent

Court: Sindh (Larkana Bench)
SCMR 2010
Criminal Appeal No.79 of 2009, decided on 26th January, 2010.

2010 S C M R 1084

ZAFAR — Appellant Versus THE STATE — Respondent

Court: Supreme Court of Pakistan
PLD 2004
Special Anti‑Terrorism Jail Appeal No.7 of 2000, decided on 19th March, 2004.

P L D 2004 Karachi 283

MURAD BALOCH alias MICHAEL‑‑‑Appellant Versus THE STATE‑‑‑Respondent

Court:
PCRLJ 1988
Criminal Appeal No. 280 and Murder Reference No. 170 of 1985, heard on 26th March, 1988.

1988 P Cr

FAZAL AHMAD — Appellant Versus THE STATE — Respondent

Court: Lahore
SCMR 2010
Criminal Appeal No. 148 of 2007 and Criminal Petition No. 462-L of 2006, decided on 29th April, 2010.

2010 SCMR 1772

SHERAZ KHAN — Appellant/Petitioner Versus THE STATE — Respondent

Court: Supreme Court of Pakistan
SCMR 2000
Criminal Appeals Nos. 8 and 9 of 1993, decided on 20th January, 2000.

2000SCMR731

RASOOL BAKHSH — Appellant Versus THE STATE — Respondent

Court: Supreme Court of Pakistan
PLD 2008
2008-March-4

P L D 2008 Supreme Court 416

MUHAMMAD SAEED — Appellant Versus HAQ NAWAZ KHURRAM and 2 others — Respondents

Court: High Court
PCRLJN 2018
2017-March-20

2018 P Cr

NASIR IQBAL and others — Appellants Versus The STATE — Respondent

Court: Gilgit-Baltistan Chief Court

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