ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

 

Cr. Revision A. No.S-19 of 2016.

Date of hearing

Order with signature                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        of Judge

 

1.For orders on office objection.

2.For hearing of case.

3. For hearing of M.A No.1711 of 2016. S/A.

12.10.2018.

Mr. Habibullah G. Ghouri, Advocate for the applicant.

Mr. Imtiaz Ali Solangi, Assistant Prosecutor General.

                        ------------

 

3.                     The applicant/surety by way of instant criminal revision application u/s.435 & 439 Cr.PC has impugned the order dated 21.3.2016, passed by learned 3^rd Additional Sessions Judge, Larkana, whereby he has been imposed penalty of rupees Two Lacs on account of forfeiture of his bond, which he executed for release of accused Gul Hassan on bail in case outcome of FIR Crime No.35/2017, u/s.302, 34 PPC of P.S Bakapur.

                        At the very outset, it is stated by the learned counsel for the applicant/surety that accused Gul Hassan for whom the bond was executed by the applicant, now has been arrested by the police in some other case and his attendance has been procured by learned trial Court. By contending so, he has sought for taking lenient action against the applicant, as according to him, he executed bond for the accused for no monitory gain but in good faith and on humanitarian ground. In support of his contention, he relied upon case of Muhammad Ali & Ors V. The State (2007 SCMR -575).

                        Learned A.P.G recorded no objection for taking lenient action against the applicant.

                        I have considered the above arguments and perused the record.

                        Admittedly, accused Gul Hassan for whom, the bond was executed by the applicant, now has been arrested by the police in some other case, and his attendance has been procured by learned trial Court, therefore, a case for lenient action against the applicant obviously is made out. Consequently, the penalty of rupees Two Lacs, which his imposed upon by learned trial Court is reduced to rupees One Lac; the same would be paid by the applicant with learned trial Court within three months hereinafter positively.

                        The instant criminal revision application is disposed of accordingly.  

           

                                                                                                            J U D G E