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Petitioner: ZULFIQAR VS Respondent: THE STATEHonorable Justice Muhammad Farrukh MahmudMian Fazal Rauf Joiya
2002 Y L R 400
2002 Y L R 400
[Lahore]
Before Muhammad Farrukh Mahmud, J
ZULFIQAR---Petitioner
Versus
THE STATE---Respondent
Criminal Revision No.24 of 2002, decided on 24th January, 2002.
Criminal Procedure Code (V of 1898)---
----S. 514---Penal Code (XLV of 1860), Ss.380/457---Absence of accused---Imposition of penalty on surety---Reduction in amount of surety bond---Accused had absconded and proceedings under S.514, Cr. P. C were initiated against the surety and Court imposed a penalty of Rs.10, 000 upon him---Accused appeared before Court subsequently and he was granted bail---Petitioner had stood surety for the accused only on humanitarian grounds and had suffered having been sent to civil lock-up---Amount of penalty was reduced from R s.10, 000 to Rs.5, 000, in circumstances.
Mian Fazal Rauf Joiya for Petitioner.
ORDER
The facts leading to the present revision petition are that the petitioner stood surety for one Ghulam Abbas who was granted pre-arrest bail in case F.I.R. No.181 registered at Police Station City, Pakpattan Sharif for offences under sections 457/380, P.P.C. As the accused absented himself on 6-7-2001 the proceedings were initiated against the petitioner under section 514, Cr.P.C. On 18-10-2001 the learned Sessions Judge, Pakpattan Sharif imposed a penalty of Rs.10,000 upon the present petitioner. As the petitioner did not pay the amount of penalty he was sent to civil jail.
2. The learned counsel for the petitioner states that the accused in this case appeared before the Court subsequently and has been granted bail. He further states that the petitioner stood surety only on humanitarian grounds and has suffered already and he is in civil lock-up. The learned counsel has pleaded for reduction o the penalty.
3. Considering all the factors of the case I am inclined to reduce the amount o f penalty from Rs.10,000 to Rs.5,000. With this modification this revision petition stands disposed of.
H.B.T./Z-92/L Order accordingly.