| Case ID |
0093150e-5547-4fb6-9f6e-ebc64eb99e24 |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No. 176-R of |
| Decision Date |
Dec 16, 1989 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused leave to appeal against the Lahore High Court's dismissal of the petitioners' Criminal Revision, which upheld the forfeiture of their surety bonds. The court found that the High Court had exercised its discretion properly, acknowledging that the petitioners had admitted liability during the proceedings. The forfeiture amount was modified to a reduced figure, but the petitioners failed to establish any grounds for further reduction. Consequently, the court dismissed the petition, affirming the High Court's decision. |
| Summary |
This case revolves around a Criminal Petition for Leave to Appeal concerning the forfeiture of surety bonds related to the Prohibition (Enforcement of Hadd) Order. The petitioners, who had acted as sureties for an accused individual, contested the Lahore High Court's decision to uphold the forfeiture order. The Supreme Court reviewed the discretionary powers exercised by the High Court and ultimately found no justification for further interference. This decision is pivotal in clarifying the standards for assessing surety bond forfeiture and the scope of appellate review in such matters. Key terms include criminal procedure, surety bonds, discretionary powers, and appellate jurisdiction, which are trending in legal discussions today. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
ABDUL QADEER CHAUDHRY,
AJMAL MIAN
|
| Lawyers |
Malik Rab Nawaz Noon, Advocate Supreme Court,
Ejaz Muhammad Khan, Advocate-on-Record
|
| Petitioners |
Malik NAZAR ELLAHI,
Malik Rab Nawaz Noon
|
| Respondents |
THE STATE
|
| Citations |
1990 SLD 933,
1990 SCMR 1092
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Prohibition (Enforcement of Hadd) Order (4 of 1979),
Constitution of Pakistan (1973)
|
| Sections |
439,
514,
3/4,
185(3)
|