ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Revision Appln. No. S- 15 of 2012.

Date of hearing

Order with signature of Judge

For Katcha Peshi.

29.03.2012.

          Mr. Aftab Ahmed Gorar, Advocate for applicant.

          Mr. Altaf Hussain Surahyo, State counsel.

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Muhammad Ali Mazhar, J:   This revision application has been filed against the order dated 28.02.2012, passed by learned Sessions Judge, Larkana, in Sessions case No.290/2000, whereby the surety bond furnished by the applicant on behalf of the accused Irshad, Ghulam Abbas and Qadir Bux was forfeited on the ground that the said accused persons absconded and the surety failed to produce them in Court. As a result of forfeiture the surety bond, fine/penalty of Rs.1,50,000/- instead of Rs.200,000/- has been imposed upon surety for each of the accused and one month time was granted for depositing the said amount. In the event of default, it was ordered that writ of attachment be issued against the movable property.

2.       Learned counsel for the applicant argued that applicant stood surety without any monetary gain, but on humanitarian grounds as the inmates of the accused brought Holy Quran. He further argued, that the applicant was not aware that the accused persons were not regularly attending the Court and when notice was served upon surety, he made diligent search of the accused, but their whereabouts could not be found. Learned counsel further argued that applicant is person of limited resources and he is not in a position to arrange penalty amount, therefore, learned counsel submits that the applicant deserves lenient view.

3.       The learned State counsel submits that thought the order of the trial Court is perfectly alright, but keeping in view the weak financial position of the surety he has no objection if amount of penalty is reduced to some reasonable extent. By consent, the impugned order is modified and penalty amount is reduced from Rs.150,000/- to Rs.100,000/-, for each of the accused, which shall be deposited by the surety in the trial Court in three equal monthly installments, failing which the learned trial Court will be at liberty to recover the fine/penalty amount in accordance with law.

4.       The revision application is disposed of.

                                                                        Judge