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Criminal Revision No 548 of 1986, decided on 2nd December, 1986.
---S. 498--Bail bond, reduction in--Petitioner found in company of his co-accused at time of search and seizure of Heroin from co-accused--Prior to that petitioner stayed together with co-accused in a room of a hotel- Co-accused of petitioner convicted on basis of his confessional statement--Security in sum of Rs.2,00,000 with two sureties, held, was excessive, and bond amount reduced to Rs.10,000 in circumstances.
N.A. Shami for Petitioner.
C.M. Latif for the State.
This is a revision petition by Khalife, petitioner, against the order of the Special Judge, Customs, Lahore, dated 26-10-1986 releasing him on bail, subject to his furnishing security in the sum of Rupees two lakhs (Rs.2,00,000) with two sureties each in the like amount to the satisfaction of that Court, or in the alternative to deposit Rupees fifty thousand (Rs.50,000) in cash or furnish a Bank guarantee in the said amount. The object of the revision petition is to seek reduction of the amount of the bond to be submitted by the petitioner and his sureties.
2. I have heard the arguments of the learned counsel for the petitioner and the State. According to the facts narrated by the learned Special Judge, Customs, Lahore, the only allegation against the petitioner is that he was found in company of his co-accused at the time of search and seizure of the Heroin from the person of his co-accused and that prior to this event, the petitioner had stayed together with the co-accused in a room of a hotel at Rawalpindi, raising a presumption that they were partners in the crime. The order of the learned Special Judge, Customs, Lahore, also shows that the petitioner denied these allegations. It is also obvious from the order that the co-accused made a confessional statement before the learned Special Judge, Customs, Lahore, saying that the Heroin was recovered from him, of which the petitioner had no knowledge. It is submitted that co-accused of the petitioner has been convicted and sentenced on the basis of the said confessional statement. In this view of the matter, the amount of the bond fixed by the learned Special Judge, Customs, appears to be excessive. I would, therefore, reduce the amount to Rupees ten thousand (Rs.10, 000) .
For the foregoing reasons, this revision petition is accepted and the order of the learned Special Judge, Customs, Lahore, dated 26-10-1986 is modified to the extent that Khalife, petitioner, shall now submit a bond in the sum of Rupees ten thousand (Rs.10,000) with two sureties each in the like amount to the satisfaction of the trial Court or in the alternative shall deposit cash in the sum of Rupees ten thousand or furnish a Bank guarantee in the said amount. The passport of the petitioner, however, will not be returned to him and the Immigration Authorities shall be informed not to allow the petitioner toy leave the country till the conclusion of the trial.
Learned counsel for the petitioner submits that the record of the case has come to the High Court Office. The Superintendent) (Criminal) shall immediately send the record back to the Special Judge Central, Lahore, by special messenger today.
S. G. D. Order accordingly.
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