ZULFIQAR Versus THE STATE
This revision petition arises from proceedings initiated against a surety under Section 514 of the Code of Criminal Procedure 1898. The petitioner had stood surety for an accused granted pre-arrest bail in a case involving offences under Sections 457 and 380 of the Pakistan Penal Code 1860. Upon the accused's failure to appear in court on the scheduled date, the Sessions Judge initiated forfeiture proceedings against the surety, resulting in a penalty of Rs. 10,000. Due to non-payment, the petitioner was detained in civil jail. In the revision petition, the petitioner sought a reduction of the penalty, noting that the accused had subsequently appeared and been granted bail, and emphasizing that the surety had acted on humanitarian grounds. The High Court, considering the circumstances, exercised its discretion to modify the order. The court held that while the forfeiture was procedurally initiated, the penalty amount could be mitigated in the interest of justice. Consequently, the court reduced the penalty from Rs. 10,000 to Rs. 5,000, disposing of the petition accordingly.
- Can a court reduce the amount of penalty imposed on a surety under Section 514 of the Code of Criminal Procedure 1898?
- Does the subsequent appearance of an accused justify the reduction of a penalty previously imposed on a surety?
- Section 514, Code of Criminal Procedure 1898
- Section 457, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
ORDER
The facts leading to the present revision petition are that the petitioner stood surety for one Ghulam Abbas who was granted pre-arrest bail in case F.I.R. No.181 registered at Police Station City, Pakpattan Sharif for offences under sections 457/380, P.P.C. As the accused absented himself on 6-7-2001 the proceedings were initiated against the petitioner under section 514, Cr.P.C. On 18-10-2001 the learned Sessions Judge, Pakpattan Sharif imposed a penalty of Rs.10,000 upon the present petitioner. As the petitioner did not pay the amount of penalty he was sent to civil jail.
2. The learned counsel for the petitioner states that the accused in this case appeared before the Court subsequently and has been granted bail. He further states that the petitioner stood surety only on humanitarian grounds and has suffered already and he is in civil lock-up. The learned counsel has pleaded for reduction o the penalty.
3. Considering all the factors of the case I am inclined to reduce the amount o f penalty from Rs.10,000 to Rs.5,000. With this modification this revision petition stands disposed of.
H.B.T./Z-92/L Order accordingly.