| Citation(s) |
|---|
| 1997 SLG 415 1997 SLD 415 1997 PLD 406 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No.216-K of 1996, decision dated: 12-02-1997
AJMAL MIAN, SALEEM AKHTAR, SAIDUZZAMAN SIDDIQUI AND NASIR ASLAM ZAHID, JJ
Suleman Habibullah, Advocate Supreme Court and Akhlaq Ahmed Siddiqui, Advocate-on-Record. Shaikh Mir Muhammad, Advocate Supreme Court for the State.,
Criminal Petition for Leave to Appeal No.216-K of 1996, decision dated: 12-02-1997
AJMAL MIAN, SALEEM AKHTAR, SAIDUZZAMAN SIDDIQUI AND NASIR ASLAM ZAHID, JJ
Suleman Habibullah, Advocate Supreme Court and Akhlaq Ahmed Siddiqui, Advocate-on-Record. Shaikh Mir Muhammad, Advocate Supreme Court for the State.,
ZEESHAN KAZMI
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)-------S. 514---Bail bond, forefeiture of---Full amount of surety bond, if circumstances of the case so require, can be forefeited, for what portion of the amount of surety bond is to be forfeited in a particular case depends entirely on the circumstances of that case---Principle laid down by Supreme Court in Dildar and another v. The State PLD 1963 SC 47 that "a balance has to be held between undue leniency, which might lead to abuse of the procedure and interference with the course of justice in a large number of cases, and on the other hand, undue severity, which might lead to unwillingness on the part of neighbours and friends to come forward" does not require any modification because of down hill slide in moral values all around since then and on account of increase in the incidents of accused jumping the bail after they are allowed bail by the Courts. Dildar and another v. The State PLD 1963 SC 47 explained. ORDER SAIDUZZAMAN SIDDIQUI, J.---I agree with the conclusion of my learned brothers that in the circumstances of the case full amount of surety bond should be forfeited. I am also in agreement with the proposition that there is no law prohibiting forfeiture of the full amount of surety bond if the circumstances of the case so required. What portion of the amount of a surety bond is to be forfeited in a particular case, depends entirely on the circumstances of that case. However, in my humble opinion, the principle laid down by this Court in the case of Dildar and another v. The State PLD 1963 SC 47 that "a balance has to be held between undue leniency, which might lead to abuse of the…
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