| Citation(s) |
|---|
| 2004 SLG 1056 2004 SLD 1056 2004 SCMR 879 |
Supreme Court of Pakistan
Criminal Petitions Nos.447 L and 448 L of 2002, decision dated: 9-01-2003.(On appeal from the order dated 6 5 2002 of the Lahore High Court, Lahore, passed in Criminal Revision Nos.368 and 369 of 2002)
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ
Ch. Ali Muhammad, Advocate Supreme Court with Malik Rehmat Khan Awan, Advocate on-Record for Petitioners. Nemo for
Respondent
Criminal Petitions Nos.447 L and 448 L of 2002, decision dated: 9-01-2003.(On appeal from the order dated 6 5 2002 of the Lahore High Court, Lahore, passed in Criminal Revision Nos.368 and 369 of 2002)
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ
Ch. Ali Muhammad, Advocate Supreme Court with Malik Rehmat Khan Awan, Advocate on-Record for Petitioners. Nemo for
Respondent
ABBAS ALI and another
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)---S. 514 Penal Code (XLV of 1860),Ss.302/324/148/149 Constitution of Pakistan (1973), Art. 185(3) Forfeiture of surety bonds High Court had dealt with the matter in a comprehensive manner taking into consideration the procedural law and had rightly upheld the order of Sessions Court forfeiting the surety bonds and imposing the penalty of Rs.40,000 on each petitioner Conclusion arrived at by the High Court was strictly in accordance with law and settled norms of justice No question of public importance was involved in the case Leave to appeal was declined to the petitioners in circumstances. Zeeshan Kazmi v. The State PLD 1997 SC 267; Abdul Bari v. Malik Amir Jan and 4 others PLD 1998 SC 50 and Muhammad Safeer v. Faqir Khan and 2 others 2000 SCMR 312 ref. ORDER JAVED IQBAL, J. By this order we propose to dispose of the above captioned petitions for leave to appeal which are directed against the common order dated 6 5 2002 passed by learned Single Judge of the Lahore High Court, Lahore, in chambers whereby the Criminal Revisions (368 of 2002 and 369 of 2002) were dismissed and the order dated 17 4 2002 passed by learned Additional Sessions Judge was kept intact whereby the bail bonds furnished by the petitioners were forfeited by imposing a penalty of Rs.40,000 each. 2. Precisely stated the facts of the case are that the petitioners stood, sureties for one Sabir Abbas who was facing trial in a case registered against him under sections 302, 324, 148 and 149, P.P.C. and absconded after getting bail. After having completion of all the formalities the bail bonds amounting to Rs.50,000 furnished by each of the petitioners were forfeited and penalty of Rs.40,000 each was imposed by the learned Additional Sessions. Judge, Sheikhupura, which was assailed by means of criminal revisions which have been dismissed. 3. It is mainly contended by Ch. Ali Muhammad, learned Advocate Supreme Court on behalf of petitioners `that the explanation tendered by them has been ignored without rhyme and reason which should have been considered prior to making any order in this regard which resulted in serious miscarriage of justice. It is next contended…
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