| Case ID |
5e4e4d85-4eec-489b-a3a5-059452022c0a |
| Body |
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| 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)
|