ABDUL KARIM Versus STATE
Learned counsel for the applicant submitted, that he is only pressing the question of the amount forfeited by the learned trial Court and does not press the other legal objections taken by him, to the impugned order in question.
2. In view of the above statement, learned counsel for the applicant submitted, that as held by Supreme Court in case P L D 1963 S C 47 entire amount of the surety bond ought not to have been forfeited, al there is nothing on record to show, that applicant stood surety for monetary consideration. In view of this, learned counsel submitted, that the amount forfeited by the learned trial Court be reduced keeping in view the decision of Honourable Supreme Court cited by him.
3. Learned counsel for the State supports the above contention of the learned counsel for the applicant in view of the decision of Honour able Supreme Court, reported in P L D 1963 S C 47.
4. I have considered the above submissions made by the learned Advocates and have gone through the case P L D 1963 S C 47 and keeping in view the observations made by Honourable Supreme Court in this judgment and in the absence of any allegations, that the applicant stood f' surety for monetary consideration. I reduce the amount of forfeiture of two bonds in question, from Rs. 25,000 each, to the sum of Rs. 5,000 only and maintain otherwise the order of forfeiture.
5. The above petition stands disposed of in terms of the above order.
Revision allowed.
Cited by 5 cases
- In re: REFERENCE OF SESSIONS JUDGE, SUKKUR vs NOT 1995 PLD Karachi 436
- SABIR HUSSAIN SHAH vs THE STATE- Respondent 1987 PCr.LJ 1126
- MAZARI vs THE STATE 1987 PLD Karachi 267
- SABIR HUSSAIN SHAH Versus STATE Iqbal Ahmad , Muhammad Nawaz Abbasi 1987 PCRLJ 1126
- REHMAT ALI Versus THE STATE 1988 PCRLJ 680