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Petitioner: IJAZ AHMAD KHAN VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Sardar Muhammad Sarfraz Dogar Title: IJAZ AHMAD KHAN vs THE STATE Case No.: Criminal Revision No. 694 of 1988 Date of Judgment:1989-03-07 Reported As: 1989 MLD 830 Result: Order accordingly
JUDGMENT
JUDGMENT The petitioner had stood surety for a sum of Rs.1,00,000 for Nadeem Niaz on his being granted interim bail by the Additional Sessions Judge, in a case under section 302/34, P.P.C. Nadeem Niaz did not appear or the appointed date. His presence could not be procured in spite of coercive methods used by the Court and the efforts made by the petitioner. Learned Additional Sessions Judge after due notice forfeited the surety bond and confiscated a sum of Rs.50,000 of the surety bond. The order has been challenged through this revision petition. 2. At the time of admission, learned counsel for the petitioner, after having argued at some length decided not to press the petition on merits and prayed for reduction in the confiscated amount. 3. Learned counsel for the petitioner has contended that the practice normally followed by the Courts is to confiscate one-fifth of the total amount and rarely one-fourth too In this connection he has referred to certain authorities as well. 4. Learned counsel for the State has, however, opposed the request. He has submitted that if at all some leniency is to be shown, the confiscated amount should not be less than one-fourth. 5. I have considered the contentions raised by learned counsel for the parties and have gone through the impugned judgment and considered background of the case as well. I feel, confiscation of a sum of Rs. Twenty-five thousand (Rs.25,000) from the surety bond of the petitioner will meet the ends of justice in this case. The order of learned Additional Sessions Judge of forfeiture of surety bond is maintained but the direction with regard to confiscation of sum A of Rs.50,000 is altered to sum of Rs.25,000. According to learned counsel for the petitioner, a sum of Rs.50,000 has already been deposited. If that be so, the extra amount be refunded to the petitioner