IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Revision Application No.132 of 2013

Present:

Mr. Justice Abdul Maalik Gaddi

Mst Amna Bibi……………………………………………………….. Applicant

Versus

The State ………………………………………….……………….Respondent

Date of hearing:                                                                               24.01.2014   

Date of order:                                                                                    24.01.2014

Mr. Muhammad Hanif, advocate for the applicant.

Mr. Saleem Akhtar Buriro, Addl. Prosecutor General Sindh

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O R D E R

Abdul Maalik Gaddi, J  Through this Criminal Revision Application, the applicant has assailed the legality and propriety of order dated 12.09.2012 passed by the learned IV^th Additional Sessions Judge, Karachi East, on application filed by the applicant for return of surety documents, whereby learned trial Judge while disposing of the application for return of surety documents and by taking lenient view, imposed fine of Rs.50,000/- upon the surety with the direction to deposit such fine with the Nazir of the trial Court within a period of one month.

 2.                    Heard parties’ advocate present in Court and perused the record.

3.                     From perusal of the record, it shows that husband of the applicant deceased Muhammad Sajjad stood surety of accused Kamal Hussain, as he was granted bail in the sum of Rs.100,000/- (Rupees One Lac).  From the record, it further transpires that during proceeding of the Sessions Case bearing No. 280/2007, accused Kamal Hussain had jumped out bail and remained absent from 10.06.2010, when on 12.07.2010, the learned trial Court issued NBWs against the accused as well as notice to surety.  It further appears from the record that on 12.07.2010, deceased Muhammad Sajjad moved application for return of surety but accused Kamal Hussain was neither produced by the surety nor accused attended the Court.  The deceased surety, according to the learned trial Court failed to abide the terms of bail bond as such had failed to produce the accused before the Court during trial. Owing to failure to appear before the Court and return of NBWs un-executed, the trial Court declared the accused Kamal Hussain absconder vide order dated 23.08.2010.  The death certificate of surety Muhammad Sajjad is on record, showing that surety was died on 07.11.2010.

 4.                    It is argued by the learned counsel for the applicant that the applicant is a poor lady, who could not arrange the huge fine imposed by the learned trial Court, therefore, she has prayed through instant criminal revision application that fine may be reduced from Rs.50,000/- to Rs.10,000/-, so that poor lady may arrange the said amount.

 5.                    Learned A.P.G. has recorded his no objection if the prayer of the applicant is allowed on humanitarian ground. 

6.                     Resultantly, I, while taking lenient view and considering the mitigating circumstances of the case, reduce the fine from Rs.50,000/- to Rs.10,000/- with directions to the applicant to deposit the said fine before the Nazir of the trial Court within a period of one month from the date of receipt of this order and after depositing the said fine, trial Court is directed to release the surety documents to the applicant after proper verification, identification and receipt be obtained.

 7.                    With the above observation, this Criminal Revision Application stands disposed of.    

J U D G E