SH. MUHAMMAD ZUBAIR, J.- This revision petition is directed against the order of the learned Additional Sessions Judge, Okara dated 2-9-1990, whereby he confiscated the surety bond and directed the petitioner to pay the full surety amount of Rs.50,000/-.
2. The learned counsel for the petitioner has not assailed the order of the trial Court on procedural point, but has submitted that the petitioner stood surety on humanitarian ground for the accused, hence there should be reduction in the amount of forfeiture and has placed reliance on 1988 P.Cr.LJ. 1256, 1988 M.L.D.380, 1990 S.C.M.R. 1092 and N.L.R 1988 Cr.LJ. 196, on the point that even in case where the accused has absconded, the amount of penalty has reduced to 1/5th of the surety amount.
3. Learned counsel for the State has contested this petition on the ground that Gulzar, for whom the petitioner stood surety was accused of an offence under section 302 PPC. And uptill now he has not been re-arrested and no concession should be shown to the surety in a case where the accused is not rearrested and as such no case for reduction of penalty amount is made out in the circumstances of the present case. He has further contended that if the surety is allowed the concession as prayed for, then it will be a mockery of law and every surety for a particular amount could get rid of the legal obligation by paying nominal amount and this will lead to dangerous result and no respect will be shown to the law by the accused or the surety.
4. After hearing the learned counsel for the parties and examining the case-law, I find that the reduction of penalty amount as claimed by the petitioner would lead to the result which would not be in the interest of law, because it will become mockery of justice if the sureties are allowed concession to the extent of l/5th of the surety amount. Keeping in view the humanitarian consideration for which the petitioner stood as surety, I would reduce the amount from Rs.50,000/- to Rs.25,000/- as it would meet the ends of justice keeping balance in the interest of the State and the surety. The petitioner is given twenty days time, from the date of this order to deposit the amount in the treasury, failing which the said amount would be recovered from the petitioner as laid down in the law through coercive method. The petition is partly accepted.