| Citation(s) |
|---|
| 2015 SLG 2713 2015 SLD 2713 2015 PLJ 102 |
Sindh High Court
Crl. Rev. Appln. No. S-71 of 2014, decided on 28.11.2014.
ABDUL MAALIK GADDI, J.
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Crl. Rev. Appln. No. S-71 of 2014, decided on 28.11.2014.
ABDUL MAALIK GADDI, J.
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NOOR AHMED---Applicant
VS
STATE--Respondent
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 435, 439 & 561-A--Criminal revision--Applicant was stood surety for accused and he also executed a bond for appearance of accused on each date of hearing but as per record accused remained absent from Court and trial Court issued notice U/S 514, Cr.P.C. which was replied--From the record it was appeared that trial Court while passing impugned order has adopted proper procedure as contained in Section 514, Cr.P.C.--As regards to contentions of counsel that entire surety amount has been forfeited and no lenient view has been taken by trial Court--Once accused person jumps bail bond, entire surety amount becomes liable to be forfeited in the absence of any mitigating circumstances--In this case surety has not brought any mitigating circumstances--Approach of trial Court appears to be dynamic and progressive oriented with the desire to discourage the accused person to jump bail bond--Order of trial Court was based upon sound reasons and did not require interference--Revision was dismissed. [P. 105] A & B 2012 PCr.LJ 1936 ref. Order This criminal revision application is directed against the order dated 10.10.2014 passed by learned Additional Sessions Judge, Ratodero, whereby he imposed fine of Rs.2,00,000/= (Rupees Two Lacs only) upon the applicant/surety in Sessions Case No. 1085 of 2004 Re-State vs. Muhammad Hassan @ Hassan Brohi and others arising out of Crime No. 125 of 2004 of Police Station Ratodero under Sections 302, 148 and 149, PPC. Brief facts leading to the filing of above revision application are that vide order dated 22.06.2005 accused Muhammad Hassan was granted bail by this Court in Crl. Bail Appln. No. S-234 of 2005 in the sum of Rs.2,00,000/= (Rupees Two Lacs only) and P.R bond in the like amount to the satisfaction of trial Court in the above mentioned case. The applicant stood surety for accused Muhammad Hassan, filed such affidavit dt.21.07.2005, surety was accepted, such bond was executed and surety was directed to produce the accused on each and every date of hearing. Accused remained absent on 21.02.2013 as such bail bond was forfeited by trial Court. Notice U/S 514, Cr.P.C. was…
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