Legal Case Summary

Case Details
Case ID 5e4e4d85-4eec-489b-a3a5-059452022c0a
Body View case body.
Case Number Criminal Petition No.58-L of 1994
Decision Date Mar 01, 1995
Hearing Date Mar 01, 1995
Decision The Supreme Court of Pakistan ruled that while the petitioners forfeited their surety bonds, the penalty imposed by the Trial Court was excessive given the circumstances of the case. The Court acknowledged that the petitioners did not gain anything from the absconding of the accused and were not privy to his actions. The Court ordered the penalty of Rs.40,000 on each petitioner to be reduced to Rs.10,000, thus converting the petition for leave to appeal into an appeal that was partly allowed. The petitioners were permitted to seek a refund of the excess amount they had already deposited.
Summary In the case of Muhammad Ashraf and others vs. The State, the Supreme Court of Pakistan examined the circumstances surrounding the forfeiture of surety bonds posted by the petitioners for an accused in a murder case. The accused, Muhammad Aslam alias Achhu, had absconded after being granted interim bail, leading to the forfeiture proceedings initiated by the Special Court. The Court found that while the petitioners had indeed forfeited their bonds, the penalty imposed was unduly harsh considering that they had made efforts to ensure the accused’s appearance in Court. The ruling emphasized the need for balance between leniency and severity in such cases, ultimately reducing the penalty significantly. This decision highlights the importance of fair treatment for sureties in the legal system, ensuring that penalties reflect the real involvement and actions of the sureties in the case at hand. Key phrases such as 'surety bonds', 'forfeiture', 'interim bail', and 'Supreme Court of Pakistan' are critical for understanding the legal implications of this ruling.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges ZIA MAHMOOD MIRZA, MUKHTAR AHMAD JUNEJO
Lawyers Sh. Naveed Shehryar, Advocate Supreme Court, Syed Abul Aasim Jafri, Advocate-on-Record, M. Farooq Bedar, Additional Advocate-General
Petitioners MUHAMMAD ASHRAF and others
Respondents THE STATE and others
Citations 1997 SLD 819 = 1997 SCMR 1387
Other Citations Dildar v. State PLD 1963 SC 47
Laws Involved Criminal Procedure Code (V of 1898), Penal Code (XLV of 1860), Constitution of Pakistan (1973)
Sections 514, 302/34, 185(3)