ORDER SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Crl. Revn. Appln. No.S-34 of 2012
DATE OF HEARING |
ORDER WITH SIGNATURE OF HON’BLE JUDGE |
08.3.2013.
1. For Katcha Peshi.
2. For orders on M. A. No.1596/2012.
Mr. Azizullah Buriro, advocate for applicant/surety.
Mr. Naimatullah Bhurgri, State Counsel.
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From the pleadings it appears that the applicant stood surety for accused Muhammad Haroon and Abdul Majeed, who were indicted in crime No.79/2007, registered at P.S Mehar, for offence under Sections 352, 337-A(i), 504, 148, 149, P.P.C. It appears that accused Muhammad Haroon and Abdul Majeed were granted bail by the trial Court subject to furnishing surety in the sum of Rs.30,000/- each. Pursuant to that order the applicant stood surety. Later-on accused became absconders and ultimately applicant was directed to pay full surety amount i.e., Rs.60,000/-. Against that order the applicant preferred Criminal Appeal No.09/2012, but same was turned down by the learned Sessions Judge, Dadu.
Learned Counsel for the applicant contended that applicant belongs to peasant class and due to super flood of 2010 and heavy rains of 2011 he could not cultivate his land, as such his financial position has become worst and he is not in a position to provide the butter and bread to his family. Besides above, applicant stood surety on humanitarian ground without any monetary benefit, therefore, the surety amount may be reduced.
Mr. Naimatullah Bhurgri, State Counsel, very candidly conceded and did not controvert the contentions advanced by Mr. Buriro.
Since the applicant belongs to a rural area and a small khatedar and his source of income is the agricultural production. Due to super flood and rains he could cultivate his land and earn a single penny. Besides above, there is no denial that he stood surety purely on humanitarian grounds. Keeping in view the above facts and circumstances, the amount of surety is reduced from Rs.30,000/- each to Rs.15,000/- each. The applicant is directed to deposit the total amount of Rs.30,000/- with the trial Court within a week, failing whereof the learned trial Court shall recover the same from him in shape of arrears of land revenue.
With the above modification of the surety amount, this criminal revision application is disposed of.
JUDGE