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2004 SCMR 1012

MEHMOOD KHAN and another vs THE STATE

Citation2004 SCMR 1012
CourtSupreme Court of Pakistan
Case No.Criminal Petition No, 468-L of 2003
Date2004-10-27
Judge(s)Qazi Muhammad Farooq, Sh. Riaz Ahmad
ResultLeave refused

ORDER

' SH. RIAZ AHMAD. C.J.---Precisely the facts giving rise to the institution of this petition for leave to appeal are that Aman Ullah Khan accused was admitted to ad interim pre-arrest bail by the learned Additional Sessions Judge at Narowal and the petitioners stood surety for the said accused persons in the sum of Rs, 25.000 each. On 30-8-2000 the said accused did not appear before the trial Court and thus, his bailapplication was dismissed and in consequence of proceedings under section 514, Criminal Procedure Code, the learned trial Judge imposed the penalty of Rs,25,000 each upon the petitioners vide order, dated 22-1-2001 and on 11-4-2001 on failure of the petitioners to pay the requisite amount of penalty, they were taken into custody and were ordered to be lodged in civil prison, but on the same day, two persons came forward and stood sureties for petitioners' payment of penalty within the next thirty days. Thus, the petitioners were released.

Unfortunately, neither the petitioners nor their sureties bothered to deposit the amount of penalty.

Petitioners at one point of time moved an application 'efore the trial Court seeking review of its earlier order, dated 22-1-2001 which was dismissed on 28-4-2003. Thus, the petitioners had invoked the jurisdiction of the High Court, but their prayer was declined through the order impugned.

2. We have heard the learned counsel for the petitioners and have gone through the orders of the Courts below. The petitioners had failed to fulfil their obligation for quite a long time and did not comply with the order of the trial Court. Thus, the learned Judge of the High Court A rightly declined to exercise discretion in favour of the petitioners and the order impugned does not disclose any illegality warranting interference by this Court. Consequently, this petition is dismissed being devoid of any merit and leave to appeal is refused.

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