1. This criminal revision has been preferred against the order of learned Sessions Judge, Sukkur passed on 17-4-2002 whereby he reduced the penalty of Rs.50,000 to Rs.10,000 upon the applicant/surety.
2. The facts relevant for the purpose of disposal of this revision application are that the applicant Haji had stood surety for accused Agha Khan who is involved in a case under section 13-D, Arms Ordinance pending before the Court of Joint Civil Judge and F.C.M., Sukkur. The accused Agha Khan as per the diary of the case remained absent on three hearings i.e. 3-1-2002, 1-2-2002 and 2-3- 2002. On the next date i.e. 14-3-2002, the accused Agha Khan was produced by his surety (applicant Haji) as per the time allowed to him by the learned trial Court. However, the trial Court in the circumstances imposed penalty of Rs.50,000 which was reduced to Rs.10,000 in appeal as stated above.
3. It is contended by the learned counsel for the applicant that the accused had remained absent because of his illness and such medical certificate was produced before the learned trial Court and that the absence of the accused was neither deliberate nor wilful. The accused never intended to abscond or evade the process of law. He has placed reliance upon the case of Ghulam Qadir Siyal v. The State reported as 1997 PCr.LJ 554.
4. Mr. Ghulam Dastagir A. Shahani, learned Additional Advocate-General in view of the above- referred decision does not support the impugned order.
5. In the above-referred case in almost similar circumstances, the accused who had remained absent from 25-5-1993 to 25-5-1994 was excused in his absence and the order of imposition of penalty of Rs.35,000 upon the surety was set aside.
6. In this case the accused remained absent for only three hearings and the reason for the absence is his illness which is supported by medical certificate.
7. In my view the above-referred case fully supports the case of the applicant. In view of which the impugned order dated 17-4-2002 passed in appeal by the learned Sessions Judge is set aside. The revision application is allowed and disposed of alongwith listed application.