ORDER SHEET

THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Criminal Revision No. S- 39 of 2022

Date of hearing

Order with signature of Judge

1. For order son office objection-A.

2. For hearing of bail application.

15.09.2022.

Mr. Abdul Rehman Bhutto, advocate for the applicant/surety.

            Mr. Shafi Muhammad Mahar, Deputy Prosecutor General.

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            By this order I intend to dispose of this criminal revision application in which order dated 23.1.2021 passed by learned II-Additional Sessions Judge, Jacobabad in Sessions Case No. 400/2019, against surety Meer Hassan has been passed and fine of Rs.100,000/- was imposed upon surety Meer Hassan, as he failed to produce accused Peerao @ Pir Bux before the trial court.

            Learned advocate appearing on behalf of the applicant/surety mainly submitted that efforts were made by the applicant to produce the accused before the court and because of his efforts accused surrendered before the trial court and he was acquitted by the trial court vide judgment dated 20.4.2022. It is further submitted that amount of fine may be reduced and lenient view may be taken as surety had no monitory gain and he had stood surety for the accused in the name of Almighty Allah. In support of the submissions he relied upon the orders passed by this court in Cr.Misc. A. No.137 of 2022 dated 4.7.2022 whereby this court taking a lenient view reduced the amount of surety bond i.e. Rs.300,000/- (three lacs) to Rs.100,000/ (one lac).

            Learned DPG, in the view of orders passed by this court in the aforesaid criminal miscellaneous application submitted that since accused has been acquitted therefore, amount of surety bond may be reduced to some reasonable extent/amount.

            Accordingly, in the view of submissions made by learned counsel for the applicant as well as DPG this is a fit case for taking a lenient view as the surety had no other consideration but it is stated that surety stood in the name of almighty Allah. Surety bond i.e. Rs.100,000/- (one lac)  is reduced to Rs. 30,000/- (thirty thousand) which shall be deposited by the surety before the trial court within two months. In case of default, trial court would be at liberty to take steps against surety to recover the surety amount of Rs.30,000/-, in accordance with law. With this modification instant revision is accordingly disposed of.

            A copy of this order be sent to learned trial court through learned Sessions Judge, concerned for compliance.

J U D G E

S.Ashfaq