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1993 P Cr. L J 1698

MAZHAR IQ BAL vs THE STATE

Citation1993 P Cr. L J 1698
CourtLahore High Court
Case No.Crl.Revision No,105 of 1991
Date1993-03-08
Judge(s)Ch. Ghulam Sarwar
ResultPenalty amount reduced.

' This revision petition filed under section 439, Cr.P.C. Arises from an order passed by the District Magistrate, Okara whereby he dismissed the appeal filed by him under section 515, Cr.P.C. Against the order, dated 1-7-1989 passed by the Magistrate, 1st Class, Okara whereby he imposed Rs,10,000 as penalty against the petitioner as he stood surety for Muhammad Akram--accused in case under section 411, P.P.C. Of Police Station Gogera on 27-4-1988 and did not turn up for a long time.

2. A notice under section 514, Cr.P.C. Was given to Mazhar Iqbal--- petitioner who had executed the bail bonds and therefore, stood surety for the accused and his bail bonds were forfeited and he was imposed Rs,10,000 as penalty when the accused absconded. The petitioner filed appeal before the learned District Magistrate which was also dismissed. Hence this revision petition.

3. At the very outset, the learned counsel appearing on behalf of the petitioner submitted that the accused appeared subsequently before the learned trial Court and was also convicted, therefore, this penalty of Rs,10,000 may be reduced to the minimum of Rs,1,000 as he is a poor person. He had not stood surety for any monetary gain.

4. The learned counsel appearing on behalf of the State conceded to the request of the learned counsel for the petitioner to the extent that if the amount is reduced from Rs,10,000 to Rs,5,000 as penalty.

5. Taking into consideration the facts and circumstances of the case when the accused appeared subsequently in the Court and he has since been convicted and sentenced in the case, and is now undergoing the sentence, so I direct that the penalty amount be reduced from Rs,10,000 to Rs,3,000 only. This reduced amount was accepted by both the sides and the learned counsel for the petitioner undertook to deposit the same within one month from the date of this order. In default of payment of the same, legal proceedings shall be taken against the petitioner. In the abovesaid terms, this petition is disposed of. Penalty amount reduced.

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