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2005 MLD 958

ABDUL RAZZAQ and another vs THE STATE

Citation2005 MLD 958
CourtLahore High Court
Case No.Criminal Revision No.131 of 2004/BWP,
Date2004-07-29
Judge(s)Muhammad Farrukh Mehmood
ResultRevision partly allowed

' This revision is directed against order dated 30-5-2004 passed by Mr. Abdul Noor Nasir, Additional Sessions Judge, Khanpur, whereby the petitioners were directed to pay Rs.50,000 each, as amount of penalty imposed upon them.

2. The relevant facts of the case are that Vide order dated 20-2-2004 passed by the learned Additional Sessions Judge, Khanpur, penalty of Rs.17,000 was imposed on each of the petitioners, who had stood sureties for Mushtaq Ahmad and Naeem Shahzad in case F.I.R. No.90 of 2002, registered at Police Station Sehja. The learned Court directed the petitioners to pay the amount of penalty i.e. Rs.17,000 each within 15 days and in case of default of payment thereof the petitioners were to pay full amount of the surety bonds i.e. Rs.50,000 each. The petitioners challenged the order passed by the learned Court below before this Court by way of filing a revision, which was decided in the following terms:-- "Considering all the above-noted circumstances, I reduce the amount of penalty from Rs.17,000 each to Rs.7,000 each. The amount of the penalty would be deposited by the petitioner with the learned trial Court within a month, failing which the order passed by the learned trial Court would stand resurrected and the law would take its own course."

' The petitioners failed to comply with the order of this Court within stipulated time. Thus, vide order dated 30-6-2004, the learned Additional Sessions Judge, Khanpur, directed the petitioners to pay full amount of penalty i.e. Rs.50,000 each. Hence this revision.

3. I have heard the learned counsel for the parties and gone through the record. It has been noticed that both the petitioners have deposited Rs.17,000 each, the amount of penalty imposed upon them initially by the learned trial Court vide order dated 20-2-2004, therefore, in this view of the matter, while reducing the amount of penalty from Rs.50,000 each to Rs.17,000 each (already deposited). I, set aside the direction of the learned Additional Sessions Judge, Khanpur, relating to deposit of remaining amount i. e . Rs .33 , 000, each.

4. With the above modification relating to reduction in the amount of penalty imposed upon the petitioners this revision is partly allowed.

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