Case Details

Citation(s)
1971 SLG 765 1971 SLD 765 1971 PCRLJ 357
Sindh High Court
Criminal Reference No. 31 of 1968, 8th April, 1969
DORAB PATEL, J

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The State

VS

Mst. Jamila Khatoon And 3 Others

Law:

Section:

Keywords: Orders, Apprehension, Impugned Order, Appearance, Modification, Relief, Order, Registered, Procedure, Magistrate, Legality, Period, Aggrieved Party, Surety, Trial Court, Illegal Result: Reference rejected ORDER The facts relevant to this reference are that a case has been registered in the Court of S. D. M., Civil Lines, Karachi under sections 107 and 117, Cr. P. C. Against the applicants and by his order dated 8th September 1967 the S. D. M. Called upon the applicants to show cause why each of them should not execute a bond in the sum of Rs. 20,000 with one surety in the like amount for the period of one year to keep peace under section 107, Cr. P. C. Instead of appearing and showing cause against this order, the applicants, who are Dhobis, filed an application in the Sessions Court, Karachi in which they prayed that the question of the legality of the S. D. M.'s order be referred to this Court with recommendation that the said order be quashed as onerous and illegal. By his order dated 27th March 1968 the Additional Sessions Judge, Karachi, who heard this application, held that the security demanded from the applicants in the impugned order was "highly excessive", therefore, he has made a recommendation to this Court for the modification of the said order of 8th September 1967 and has allowed the applicants to remain on bail in the sum of Rs. 2,000 each. 2. In support of his submission, learned counsel for the applicants has stated that the applicants are Dhobies, therefore, the order to furnish security in the sum of Rs. 20,000 wigs not an order, which the applicants, in view…
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