Muhammad Ayub vs Robkar-e-Adalat through Additional Advocate
This appeal arises from an order of the Shariat Appellate Bench of the High Court, which directed the appellant, acting as a surety for an accused, to deposit a surety amount of Rs. 1,00,000 in two separate proceedings. The core legal question concerns the liability of a surety when the underlying criminal appeals have been dismissed and whether the court possesses the discretion to reduce the quantum of the surety amount imposed. The Supreme Court of Azad Jammu and Kashmir, after considering the arguments, held that while the surety's liability persists, the court retains the inherent power to mitigate the financial burden in light of the peculiar facts and circumstances of the case. Adopting a lenient view, the Court reduced the total surety amount to Rs. 100,000, payable within one month. The judgment establishes the principle that appellate courts maintain discretionary authority to reduce surety amounts based on equitable considerations, even where the surety's liability has been established, provided the circumstances warrant such judicial intervention to prevent undue hardship.
- Does an appellate court have the discretion to reduce the amount of a surety bond?
- Does the dismissal of criminal appeals automatically discharge a surety from liability?
- Can a court impose a single surety amount for multiple proceedings involving the same accused?
ORDER
1. RAJA SAEED AKRAM KHAN, CJ. The appellant, who stood surety for the accused Muhammad Ishaq, has filed this appeal against the impugned order of the Shariat Appellate Bench of the High Court (High Court) dated 14.11.2022, whereby he has been directed to deposit the surety amount of Rs.
2. 1,00,000/- in both the Robkar within a period of one month.
3. Mr. Imtiaz Hussain Raja, Advocate the learned counsel appearing on behalf of the appellant stated that two appeals were pending before the High Court against the acquittal order passed by the trial Court. The appellant stood surety for Muhammad Ishaq. The appeals remained pending before the High Court for ten years and finally both the appeals have been dismissed, thus, the appellant automatically stood discharged of his liability. He further added that the appellant was surety for attendance of single accused but he has been ordered to deposit the surety amount in two appeals. At the end of day, he stated that the appellant has suffered a lot and this Court is empowered to reduce the surety amount, hence, the same be reduced.
4. The learned Additional Advocate General, although refuted the arguments of learned counsel for the appellant on merits, however, he admitted that the Court has the power of reduce the surety amount.
5. After hearing the learned counsel for the parties, keeping in view the peculiar facts and circumstances of this case, while taking the lenient view we are intended to reduce the surety amount and fix the same to Rs. 100,000/- (total). The appellant is directed to deposit the amount within a period of one month otherwise the law will be take its own course. The appeal stands disposed of.