| Case ID |
14eea541-f6e9-428a-9d97-e7761bf7d2fd |
| Body |
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| Case Number |
Criminal Revision No. 23-P of 2019 |
| Decision Date |
Nov 08, 2019 |
| Hearing Date |
Nov 08, 2019 |
| Decision |
The High Court allowed the petition and expunged the adverse remarks recorded against the petitioner by the Sessions Judge. The court found that the observations made by the Sessions Judge were without backing and record. The role of the verifier of bail bonds was limited to verifying that the sureties were local residents, and no responsibility was placed on them regarding the conduct of the sureties. The petitioner was not afforded an opportunity to justify his position, which violated the maxim 'Audi alteram partem'. Consequently, the adverse remarks were deemed unwarranted. |
| Summary |
This case revolves around the implications of the Criminal Procedure Code, specifically Section 514, which deals with the forfeiture of bail bonds. The petitioner, aggrieved by adverse remarks made by the Sessions Judge regarding his conduct as a verifier of sureties, sought expunction of these remarks in the Peshawar High Court. The court examined the role of the verifier and emphasized that their responsibility was limited to ensuring the sureties were local residents. The decision highlighted the importance of fair process, as the petitioner was not given a chance to defend himself against the allegations. Ultimately, the High Court ruled in favor of the petitioner, expunging the negative remarks and reinforcing the principle of fair hearing in legal proceedings. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
AHMAD ALI, JUSTICE,
SHAMS UR RAHMAN
|
| Lawyers |
Muhammad Riaz,
Malik Akhtar Hussain Awan, A.A.G. for the State
|
| Petitioners |
Muhammad Riaz
|
| Respondents |
ANOTHER,
DISTRICT AND SESSIONS JUDGE, MARDAN
|
| Citations |
2020 SLD 1159,
2020 MLD 916
|
| Other Citations |
Muhammad Salim v. The State PLD 1970 Kar. 187,
Muhammad Sarwar v. The State PLD 1965 (W.P.) Pesh. 14
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
514
|