| Citation(s) |
|---|
| 2001 SLG 1208 2001 SLD 1208 2001 PCRLJ 1749 |
Supreme Court (AJ&K)
Criminal Appeal No.32 of 2000, decided on 30th April, 2001 (On appeal from the judgment of the Shariat Court, Dated 13 11 2000 in Criminal Revision No.52 of 1999).
SARDAR SAID MUHAMMAD KHAN, C.J. MUHAMMAD YUNUS SURAKHVI, J
Ch. Lal Hussain, Advocate for Appellant. Ch. Muhammad Mushtaq, Additional Advocate General for the Advocate for
Respondent No.2.
Criminal Appeal No.32 of 2000, decided on 30th April, 2001 (On appeal from the judgment of the Shariat Court, Dated 13 11 2000 in Criminal Revision No.52 of 1999).
SARDAR SAID MUHAMMAD KHAN, C.J. MUHAMMAD YUNUS SURAKHVI, J
Ch. Lal Hussain, Advocate for Appellant. Ch. Muhammad Mushtaq, Additional Advocate General for the Advocate for
Respondent No.2.
MUHAMMAD ASHRAF--Appellant
VS
THE STATE and 2 OTHERS --Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 514
Law: Azad Jammu and Kashmir Interim Constitution Act, 1974
Section: 5/15
Law: Penal Code (XLV of 1860)
Section: 307/147/148/149
Law: Azad Jammu and Kashmir Offence of Zina (Enforcement of Hudood) Act, 1985
Section: 17(3)
Criminal Procedure Code (V of 1898) S. 514 Azad Jammu and Kashmir Islamic Penal Laws Enforcement Act (IX of 1974), Ss.5/15 Penal Code (XLV of 1860), Ss.307/147/148/149 ¬Azad Jammu and Kashmir Offences Against Property (Enforcement of Hudood) Act, 1985, S.17(3) Forfeiture of surety bonds Law and order situation during the present days had considerably deteriorated and it had become routine of the accused to jump bail and go abroad rather than facing trial Sureties of accused involved in heinous offence like murder did not deserve any leniency in the matter of reduction of their bail bonds and Courts should take stringent measures against them Accused had absconded wilfully with the connivance of his sureties not only once but twice and he being in the habit of absconding, his surety did not deserve any leniency in the matt of reduction of his bail bond Shariat Court had committed no illegality in forfeiting the entire amount of Rupees two lacs of bail bonds ¬Appeal was dismissed accordingly [p. 1755] A, B C The Crown v. Khushi Muhammad PLD 1953 FC 170; Mian Mahmud Ali Qasuri and others v. The State PLD 1963 SC 478; Dildar and another v. The State PLD 1963 SC 47; Abdul Bari v. Malik Amir Jan and others PLD 1998 SC 50; Muhammad Safeer v. Faqir Khan and 2 others 2000 SCMR 312; Muhammad Iqbal v. Robkar e Adalat and another Criminal Appeal No.26 of 1997;. Ch. Muhammad Yunus and another v. Robkar e¬Adalat and another 2001 MLD 673 ref. Ch. Lal Hussain, Advocate for Appellant. Ch. Muhammad Mushtaq, Additional Advocate General for the Advocate for Respondent No.2. hearing date: 26th April, 2001. JUDGMENT MUHAMMAD YUNUS SURAKHVI, J. -This appeal has been directed against the judgment and order passed by the Shariat Court on 13 11 2000 whereby the appellant and respondent No.3 were ordered to deposit the entire surety amount of rupees two lacs in the Government treasury. The appellant and respondent No.3 stood sureties for accused Jamshed Akbar who alongwith other accused was charged to have committed offences under sections 5/15 of the Islamic Penal Laws (Enforcement) Act, 1974, read with sections 307, 147, f48 and…
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