| Case ID |
159d7c64-59e2-4714-be85-ddc8e1bdf28c |
| Body |
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| Case Number |
2nd Crl. Revision Appln. No.S-7 of 2016 |
| Decision Date |
Feb 29, 2016 |
| Hearing Date |
|
| Decision |
The High Court dismissed the revision application filed by the applicant/surety, affirming the decision of the trial court which had imposed a fine of Rs.200,000 upon the surety due to the accused's abscondance after being released on bail. The court highlighted that the surety's conduct was unsatisfactory as he failed to present the accused after being notified, and later attempted to provide an explanation that the accused had been murdered. The court found no merit in the applicant's arguments for leniency and upheld the trial court's imposition of the penalty. |
| Summary |
This case revolves around the imposition of a penalty on a surety who failed to ensure the appearance of the accused in a criminal case after bail was granted. The applicant, MEHBOOB, stood surety for accused Khadim Chachar, who absconded after being released on bail. The trial court had issued a notice under Section 514 of the Criminal Procedure Code to the surety after the accused was declared a proclaimed offender. Despite the applicant's claims of having acted on humanitarian grounds, the court upheld the penalty, emphasizing the importance of adherence to legal obligations by sureties. This case raises critical issues about the responsibilities of sureties in criminal proceedings and the legal repercussions of their failure to ensure compliance by the accused. Keywords include 'Criminal Procedure Code', 'surety obligations', 'bail conditions', and 'legal responsibilities of sureties'. |
| Court |
Sindh High Court, Larkana Bench
|
| Entities Involved |
Not available
|
| Judges |
ABDUL MAALIK GADDI, JUSTICE
|
| Lawyers |
Muhammad Ali Memon
|
| Petitioners |
MEHBOOB
|
| Respondents |
THE STATE
|
| Citations |
2016 SLD 2920,
2016 YLR 2648
|
| Other Citations |
PLD 2011 SC 116,
2012 PCr.LJ 1936
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
514
|