Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: GHULAM AKBAR VS Respondent: THE STATEHonorable Justice Ijaz-ul-Hassan KhanAmir Muhammad Khan Baloch and Saleemullah Khan Ranazai,Muhammad Sharif Chaudhry
2004 P Cr
2004 P Cr. L J 1445
[Peshawar]
Before Ijaz-ul-Hassan Khan, J
GHULAM AKBAR --- Petitioner
Versus
THE STATE---Respondent
Cr. Rev. No.12 of 2004, decided on 1st June, 2004.
Criminal Procedure Code (V of 1898)---
----S. 514---Forfeiture of surety bond---Imprisonment of surety for non payment of surety amount---Accused for whom petitioner stood surety, having failed to appear before Trial Court, show-cause notice was served upon the surety to the effect as to why amount of bail bond should not be recovered from him---Surety submitted his reply and expressed his inability to produce accused before Court---Penalty of payment of surety amount was imposed upon the surety and on his failure to deposit amount within stipulated time, he was sent to jail---Surety had contended that he stood surety for accused out of benevolence on humanitarian grounds without any monetary gain and that imposition of penalty was improper, unjust and unreasonable which could not be allowed to remain intact-- Validity---In absence of any monetary gain received by surety, order of Trial Court passed against him appeared to be too harsh---Had the surety been able to pay forfeited amount he would have opted to lead a free life instead of jail life---In view of period of detention of the surety, order of Trial Court was set aside and he was acquitted.
Amir Muhammad Khan Baloch and Saleemullah Khan Ranazai for Petitioner.
Muhammad Sharif Chaudhry, D.A.-G. for the State.
Date of hearing: 1st June, 2004.