Law: Criminal Procedure Code (V of 1898)

Section: 514

Law: Pakistan Penal Code, 1860

Section: 34,201,302

Criminal Procedure Code (V of 1898)--- ----S. 514---Forfeiture of bond---Procedure---Mitigating circumstances---Scope---Petitioner assailed order of Trial Court whereby it had imposed upon the petitioner half amount of surety bond as penalty---Petitioner contended that she stood surety for her brother who disappeared only for two dates; that she was a maidservant who worked in different houses to earn her livelihood and that she had not received any show-cause notice under S. 514, Cr.P.C.---Validity---Held, present was one of hardships and there were mitigating circumstances---Accused had already been convicted and sentenced to life imprisonment and was behind bars to serve out sentence awarded by the Trial Court---Application was allowed and impugned order was set aside to the extent of surety amount. THIS ORDER PASSED BY: ABDUL MAALIK GADDI, J.--- Through this Criminal Revision Application, the applicant has assailed the legality and propriety of the order dated 26.12.2018, passed by the learned IInd Additional District and Sessions Judge, Karachi East in Sessions Case No. 1309/ 2014, registered under Sections 302, 201, 34, P.P.C. of Crime No. 433/2013 of Police Station KIA, Karachi East, whereby, the trial Court after hearing the applicant/surety, passed impugned order by imposing half amount of surety bond as penalty upon the surety with direction to pay the same within the period of 30 days with the Accountant of the District and Sessions Court, Karachi East, otherwise surety's documents viz. Defense Savings Certificate lying on the record be encashed and fine of amount of Rs.100,000/ - (Rupees One Lac) be deposited in the proper Government Head while remaining half amount along with profit, if any, be returned to the surety after proper verification and under receipt. 2. The background of filing of this Criminal Revision Application are that on 22-09.2015, Ms. Sarwar Mai stood surety for the accused Dur Muhammad and executed the surety bond of Rs.200,000/- (Rupees Two Lacs) and bounded herself that the accused will join the Court on each and every date of hearing in the above mentioned case. Thereafter accused Dur Muhammad did not appear before the trial…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492