| Case ID |
20aa7f54-f528-423e-94ff-b43040a87e80 |
| Body |
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| Case Number |
Crl.P.L.A. No.10-K of 2007 |
| Decision Date |
Jul 14, 2007 |
| Hearing Date |
|
| Decision |
The Supreme Court set aside the impugned order of the High Court as well as that of the courts below. The petitioner, Ahmed Khan, had executed a surety bond for a vehicle but was unable to produce it due to circumstances beyond his control, specifically, the snatching of the vehicle by criminals. The Court found that there was no evidence to suggest that the petitioner's claim was false, and recognized that the local police had not been able to recover the vehicle. The decision emphasized that the law does not punish a person without criminal intent, and the petitioner had raised a bona fide defense. Therefore, the view taken by the lower courts was deemed hypertechnical, and the Supreme Court's acceptance of the appeal was based on the principles of justice and fairness. |
| Summary |
This case revolves around the forfeiture of a surety bond executed by Ahmed Khan for a Suzuki Car Cultus after it was snatched from his possession. The petitioner lodged an FIR but was unable to recover the vehicle, leading to a legal battle over the bond's forfeiture. The Supreme Court of Pakistan reviewed the lower courts' decisions, finding that the petitioner was genuinely unable to produce the car due to the circumstances of its theft. The Court emphasized the importance of intent in legal compliance, arguing that the absence of criminal intent should not result in punitive measures. The ruling thus underscores the need for courts to consider the realities faced by individuals in similar situations, promoting a fair interpretation of the law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RANA BHAGWANDAS, ACTG. C.J.,
SAIYED SAEED ASHHAD,
HAMID ALI MIRZA, JJ
|
| Lawyers |
Ghulam Nabi Soomro, Advocate Supreme Court,
Suleman Habibullah, Advocate-on-Record,
Anwar Mansoor Khan, Advocate-General, Sindh
|
| Petitioners |
AHMED KHAN
|
| Respondents |
THE STATE
|
| Citations |
2008 SLD 1561,
2008 SCMR 275
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan (1973)
|
| Sections |
514(4),
516-A,
Art.185(3)
|