1990 SCMR 1300

MUHAMMAD SHARIF Versus STATE

Share on WhatsApp ⭐ Prefer in Google

Citation1990 SCMR 1300

CourtSupreme Court of Pakistan

Case No.Criminal Petition No.125‑R of 1989

Date1990-02-13

Judge(s)S. Usman Ali Shah and Abdul Qadeer Chaudhry

Authored byAbdul Qadeer Chaudhry

ResultOrder accordingly

ORDER

ABDUL QADEER CHAUDHRY, J .‑‑‑The petitioner stood surety for the accused who was facing trial under section 302/307/392, P.P.C. The accused absconded during the trial proceedings and proceedings under section 514, Cr.P.C. were initiated against the petitioner. A penalty of Rs.10,000 was imposed upon the petitioner by the trial Court. The petitioner approached the High Court but without any success.

2. It has been submitted by the learned counsel for the petitioner that due to the efforts of the petitioner the accused has been arrested and now he is in custody and facing the trial.

3. The accused is a co‑villager of the petitioner and on account of this intimacy, the petitioner stood surety for the accused. There was no other consideration. As the accused has been arrested with the efforts of the petitioner, this petition is converted into appeal. The amount of penalty is reduced to Rs.5,000. With this modification in the judgment of the High Court, this appeal is allowed.

N.H.Q./M‑1280/S Order accordingly.