Mst. JAMTI KHATOON MASTOI vs State S — 2023 YLR 684 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 684 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: Mst. JAMTI KHATOON MASTOI vs State S
Subject matter: Criminal
Provisions referred to: S. 514---F

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. JAMTI KHATOON MASTOI VS State S. 514---Forfeiture of surety bond---Procedure--- Imposition of fine on surety---Scope---Fine was imposed on petitioner who had stood surety for accused, who had absconded---Contention of petitioner was that she had stood surety for accused on humanitarian grounds and she traced out the accused and submitted application before the Trial Court intimating that the accused was confined in District Jail of other Province---On the application of surety, the Trial Court had also issued production order, however, the accused was not produced by the said Jail Authorities---After his release from jail, accused did not appear before the Trial Court, however, the surety appeared before the Trial Court together with accused and filed two separate applications, one by accused for his surrender before the Trial Court and the other by the applicant/ surety seeking time to submit reply to notice under section 514, Cr.P.C.---Applicant/surety submitted her reply---Defence contended that when the applicant produced the accused before the Trial Court, then imposition of 1/4th surety amount upon her was unjustified---Validity---Accused was not only produced by the applicant/surety, but he also himself surrendered through his application and then was taken into custody by the Trial Court---Applicant/ surety stood absolved of her legal liability to produce the said accused before the Trial Court---Impugned order in view of said legal-cum-factual position seemed to be unjustified and could not be maintained---Revision petition was allowed by setting aside impugned order.

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