Case Details

Citation(s)
2004 SLG 386 2004 SLD 386 2004 SCMR 1012
Supreme Court of Pakistan
Criminal Petition No. 468-L of 2003, decided on 27th October, 2004. (On appeal from the order, dated 2-6-2003 of the Lahore High Court in Criminal Revision No. 438 of 2003)
SH. RIAZ AHMAD, C.J. AND QAZI MUHAMMAD FAROOQ, J
Malik Abdul Majeed Khan, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Nemo for
Respondent

MEHMOOD KHAN and anothers

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 514

Law: Constitution of Pakistan, 1973

Section: 185(3)

Criminal Procedure Code (V of 1898)----- ----S. 514---Constitution of Pakistan (1973), Art. 185(3)---Forfeiture of surety bonds---Petitioners had stood sureties for the accused who had jumped bail---Petitioners had failed to fulfill their obligation for quite a long time and did not comply with the order of the Trial Court---High Court had rightly declined to exercise discretion in favour of the petitioners---Impugned order did not disclose any illegality warranting interference by Supreme Court---Leave to appeal was refused to petitioners accordingly. ORDER SH. RIAZ AHMAD, C.J.---Precisely the facts giving rise to the institution of this petition for leave to appeal are that Aman Ullah Khan accused was admitted to ad interim pre-arrest bail by the learned Additional Sessions Judge at Narowal and the petitioners stood surety for the said accused persons in the sum of Rs. 25,000 each. On 30-8-2000 the said accused did not appear before the trial Court and thus, his bail application was dismissed and in consequence of proceedings under section 514, Criminal Procedure Code, the learned trial Judge imposed the penalty of Rs.25,000 each upon the petitioners vide order, dated 22-1-2001 and on 11-4-2001 on failure of the petitioners to pay the requisite amount of penalty, they were taken into custody and were ordered to be lodged in civil prison,…
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