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Revision Petition No. 128 and Criminal Miscellaneous No. 1118 of 1983, decided on 31st October, 1983.
---S. 499/439--Penal Code, (XLV of 1860), S. 304--Vehicle involved in accident--Surety amount--No reason given by lower Court for fixing a high amount of surety--Vehicle only involved in accident and continuously keeping vehicle in custody likely to deteriorate its condition and accused owner would be deprived of his legitimate earnings from vehicle for no fault of his own--Surety amount reduced in circumstances.
Akhlaque Ahmad Siddiqui for Applicant.
A.A. Muhammadally. Asstt. A.-G. for the State.
By consent of the learned Advocates, I have taken up the above-mentioned revision application for regular hearing, as only short point is involved.
The learned Advocate for the applicant in support of the above revision submitted, that amount of surety bond demanded from the applicant is rather high and since vehicle in question is only involved in an accident the same may be reduced reasonably.
The learned Assistant Advocate-General has no objection if the amount of surety bond for return of the vehicle in question is reasonably reduced.
I have gone through the impugned order, dated 27th September, 1983 and find that the learned First Additional Sessions Judge, Karachi has given no reasons why he fixed the surety amount at Rs.2 lacs in respect of second-hand vehicle. In addition to this since vehicle in question was only involved in an accident and continuance keeping of the said vehicle in custody is likely to deteriorate its condition and further the applicant owner will be deprived of his legitimate earnings from the said vehicle for no fault of his, in my opinion ends of justice will be fully met, if the surety amount is reduced from Rs.2 lacs to Rs.75,000 only.
Therefore, I allow the above revision petition and reduce the surety amount mentioned in order dated 27-9-1983 of the learned First Additional Sessions Judge, Karachi from Rs. 2 lacs to Rs.75,000 only and otherwise maintain the said order. In view of the above order the main Revision Petition as well as Criminal Miscellaneous Appeal No. 1118 of 1983 both stand disposed of.
M. Y. H. Petition accepted.
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