Muhammad Saeed Khan and Liaquat A.I Khan sons of Umar Hayat had stood sureties in the sum of Rs.15,000 each, for Sikandar Hayat and Ahmad Sher respectively, and filed bail bonds in their favour on an order passed on their application for pre-arrest bail for offences under section 365/325/342/34, P.P.C. By the Additional Sessions Judge, Jhang. Both the accused absented on 8- 10-1988. Learned Additional Sessions Judge cancelled the bail allowed to the accused and issued notices to the sureties for confiscation of bail bonds and attachment. Learned Additional Sessions Judge vide separate orders passed on 26-11--1988confiscated a sum of Rs.10,000 each from bonds filed by the two. Muhammad Saeed Khan has filed this Criminal Revision (No. 98 of 1989) against the order passed by the Additional Sessions Judge on. 26-11-1988 while Liaquat A.I Khan has filed Criminal Revision No. 102 of 1989 against the similar order passed on the same date. Since similar questions of facts and law are involved in both the petitions, they are being disposed of together. .
2. Learned counsel for both the petitioners at motion stage did not press the petition: on merits. He had, instead, prayed for reduction in the amounts confiscated. The petitions were therefore, admitted to consider that point only.
The background for this probably was that it is noted in both the impugned orders that both the petitioners had refused to accept service from the process-server. Be that as it may the fact remains that mitigating factors for reduction of confiscated amount only are to be considered.
3. Learned counsel for the petitioners has stated that both the accused who were involved in the same case, had absented only on one date and that they had not only appeared of their own before the Court on the second day but had also submitted fresh petitions for anticipatory bail, which were allowed by the learned Additional Sessions Judge. Although learned counsel has not placed any documentary evidence in this regard yet he has made statement at the Bar. That being the position, the contention of learned counsel for the petitioners that the accused had absented only on one date, stands fortified. None of the petitioners has any criminal antecedents.
They are real brothers.
Circumstances do exist for taking a lenient view. The amount of Rs.10,000 ordered to be confiscated from each of the bonds filed by the two petitioners, by learned Additional Sessions Judge, is therefore, directed to be reduced to Rs.3,000 in each case (Rs. Three thousand only). The petitioners shall deposit the said amount within thirty days. In case of failure, the amount shall be recovered from them in accordance wit law.
SA./M-1342/L Surety amount reduced.