| Citation(s) |
|---|
| 1965 SLG 4586 = 1965 SLD 4586 = 1965 PLD 90 |
WEST PAKISTAN, KARACHI
Criminal References Nos. 687 and 785 of 1963, decided on 30th May 1964.
Presented By: Feroze Nana Ghulamally, J
Rambilas Sharma v. Emperor A I R 1940 Pat. 375; Babar Hussain and others v. The State A I R 1956 All. 78; Abdul Aziz v. Emperor A I R 1946 All. 116 and Keshav Narain Choudhary and others v. The State A I R 1954 Pat. 200 rep Murtuza Hussain on 25th and 30th March 1964 for the State. A. K. Sheikh, Additional Advocate-General assisted by Ali Haider Bux on 8th May 1964 for the State. Iqbalur Rahim for
Respondent.
Criminal References Nos. 687 and 785 of 1963, decided on 30th May 1964.
Presented By: Feroze Nana Ghulamally, J
Rambilas Sharma v. Emperor A I R 1940 Pat. 375; Babar Hussain and others v. The State A I R 1956 All. 78; Abdul Aziz v. Emperor A I R 1946 All. 116 and Keshav Narain Choudhary and others v. The State A I R 1954 Pat. 200 rep Murtuza Hussain on 25th and 30th March 1964 for the State. A. K. Sheikh, Additional Advocate-General assisted by Ali Haider Bux on 8th May 1964 for the State. Iqbalur Rahim for
Respondent.
THE STATE
VERSUS
ABDUL REHMAN
Law: Criminal Procedure Code (V of 1898)
Section: 496,514,499
Criminal Procedure Code (V of 1898)-------Ss. 496 & 514 --Bail-Bonds executed in favour of "H. E. the Governor-General" when in fact such office did not exist-Forfeiture of bond, in circumstances of case, nonetheless, held, valid-Adaptation of Laws Order (IV of 1949)-Central Laws (Adaptation) Order [President's Order No. 1 of 1961], Art. 2 (2). State of Uttar Pradesh v. Muhammad Sayeed P L D 1957 S C (Ind.) 431 and Bhairon Lal Ranadhin v. State A I R 1956 All. 123 distinguished. Criminal Procedure Code (V of 1898)-----Ss. 496 & 514-- Bail bond-Forfeiture-Language of bond to be strictly construed. Interpretation of statutes----Provision entailing penal consequences-Strict construction called for-Care to be taken not to rope in person unless his act falls within clear meaning of terms and within spirit and scope of enactment. Maxwell's Interpretation of Statutes, 10th Ed., p. 263 ref. Criminal Procedure Code (V of 1898)----Ss. 496, 514 & 499 and Sch. V, Form XLII-Bail bond-Release on bond taken from surety-No bond taken from accused-Irregularity-Bond taken from surety not rendered invalid. Dates of hearing: 25th, 30th March and 8th May 1964. JUDGMENT These are two references made to this Court the former by the learned Sessions Judge of Karachi on the 7th October 1963, and the latter by the learned Additional Sessions Judge, Karachi on 7-11-1963. The facts that gave rise to the former application are that one Abdul Rehman stoodsurety for an accused person, Bashir Ahmed, in the Court of the S. D. M. Old Town Karachi, and on 26-3-1962, executed a bail bond in the sum of Rs. 3,000, undertaking to produce the accused on subsequent dates of hearing. No bond was however executed by the accused, Bashir Ahmed. The case was transferred to various Courts, and finally to the Court of M. Wali Muhammad Shah, when the defect was noticed on 23-8-63, Bashir Ahmed was made to execute a bond for his appearance in the Court in the sum of Rs. 3,000. The case was transferred thereafter to the Court of Mr. Minwalla where the accused failed to put in an appearance. The case was again transferred to…