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1990 P Cr. L J 1473

Mst. SARDARI BEGUM vs THE STATE

Citation1990 P Cr. L J 1473
CourtSindh High Court
Case No.Criminal Revision No,58 of 1989
Date1989-08-27
Judge(s)Syed Haider Ali Pirzada
ResultOrder accordingly

ORDER

1. ' This is a criminal revision application under section 435/439 read with section 561-A, Cr.P.C.

2. Challenging the order passed by the learned Special Judge, Central, in a case of State v. Majid Mushtaque under section 409, P.P.C. Read with section 5(2) of the Prevention of Corruption Act, 1947. The accused was granted bail in the sum of Rs,15,000 with P.R. Bond in the like amount to the satisfaction of the Court. The applicant had stood surety for the accused Majid Mushtaque in the sum of Rs,15,000 in February, 1984. The accused attended the Court upto 18-3-1985 and thereafter absconded. On 8-7-1985 his bail bond was forfeited and a notice Was issued to the applicant to produce the accused. On 11-2-1988, the applicant was directed to deposit the amount upto 29-8- 1988. The applicant being aggrieved against the above order has filed the present application.

3. ' Mr. Shaikh Ghulam Sabir Niazi, the learned counsel for the applicant has urged that the applicant had stood surety due to benevolence and that she had not gained any monetary benefit by standing surety of the accused.

4. ' Mr. Abdul Ghafoor Mangi, learned Assistant Advocate-General has submitted that the accused is still at large and the applicant has failed to produce the accused. I have considered the contentions of the learned counsel for the applicant and the learned Assistant Advocate-General for the State. I have gone through the documents produced along with the application. In view of the above circumstances while relying upon PLD 1963 SC 41, I reduce the amount of forfeiture from Rs,15,000 to Rs,5,000. The applicant has already deposited Rs,4,700. The applicant is directed to deposit Rs,300 within ten days from today. Consequently Miscellaneous Appeal No,1005 of 1989 has become infructuous. The application is disposed of in the above terms.

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