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2001 YLR 2603

NOOR BAHADUR KHAN and 2 others vs THE STATE

Petitioner: NOOR BAHADUR KHAN and 2 others VS Respondent: THE STATE

Court: Peshawar High Court Decision Date: 2001-05-23

Full Judgment Text & Judicial Ruling

Court Name: Peshawar High Court Judge(s): Muhammad Qaim Jan Khan, Tariq Pervez Title: NOOR BAHADUR KHAN and 2 others vs THE STATE Case No.: Criminal Revision Petition No,12 of 1997 Date of Judgment:2001-05-23 Reported As: 2001 YLR 2603 Result: Order accordingly

JUDGMENT

JUDGMENT ' TARIQ PARVEZ, J.---Petitioners are aggrieved of order, dated 10-10-1997 passed by the learned Sessions Judge, Bannu, when the bail bonds furnished by them were forfeited and they were directed to deposit Rs,20,000 each or to undergo six months' S.I. Each. It is argued that where the learned lower Court, vide the impugned order, has already reduced the liability of the petitioners from Rs,40,000 to Rs,20,000, the liability fixed should have been Rs,10,000 each instead of Rs,20,000 because the original surety bond that was executed was Rs,40,000 and that was the joint liability of the two sureties. 2. The learned Deputy Advocate-General concedes the proposition so advanced by the learned counsel for the petitioners and states that the liability of each surety in view of reducing the liability to half, would be Rs,10,000 each. 3. In view of position as stated above, we accept this petition partially to the extent that order of the learned Sessions Judge, dated 10-10-1997 is modified to the extent that the liability of each of the petitioners would be Rs,10,000. Payment made in case of any of the petitioner should be refunded at their application to the learned Sessions Judge, Bannu.

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