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Criminal Revision No. 197 of 1981, decided on 26th February, 1985.

‑‑‑Ss. 514 & 439‑‑Revision‑‑Forfeiture of surety bond‑‑Surety a poor person had made certain payments on behalf of accused to complainant in rain case‑‑Amount of penalty recoverable from petitioners reduced from Rs.5,000 to Rs.2,00G in circumstances.

M. Ilyas Malik for Petitioner.

Nemo for the State.

Date of hearing: 26th February, 1985.

This is a revision petition filed by Khalid Sharif Malik, petitioner, against the appellate judgment of the District Magistrate, Faisalabad, dated 13‑1‑1981 dismissing his appeal. Earlier, a First Class Magistrate of Faisalabad had forfeited the surety bond furnished by the petitioner in proceedings under section 514, Cr.P.C. and ordered the petitioner to pay the full sum of the surety bond i.e. Rs.5,000.

2. This petition was admitted only to consider the quantum of the penalty to be recovered from the petitioner. I have heard the arguments of the learned counsel for the petitioner in this respect. It is submitted that the petitioner is a poor person and that in the main case he had also made certain payment on behalf of the accused to the complainant in partial payment of his debt. Taking all circumstances into consideration, I would reduce the amount of penalty to be recovered from the petitioner from Rupees Five Thousand (Rs.5,000) to Rupees Two Thousand (Rs.2,000).

3. For the foregoing reasons, this petition stands partially accepted, in term of reduction of the penalty payable by the petitioner on the bond, as stated above.

M. A. K. Order accordingly.

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