Lahore: Lahore High Court (LHC) has nullified trial court decision regarding imposition of fine to the tune of Rs one lac on the guarantor due to non appearance of the accused in illegal arms case.
The guarantor a citizen had filed surety bond.
The guarantor was penalized because the accused, whom they were supposed to ensure appeared in court, did not attend the trial.
Justice Abhar Gul Khan of LHC issued 4-page decision on Kameer Khan appeal.
Justice Abhar Gul said in the decision granting bail to any accused is basic obligation of justice system. People are released from jails due to grant of bail which helps lessen burden on jails.
It was said in the decision some people file surety bonds under the spirit of public service. Action cannot be taken against the person who files surety bond due to non appearance of accused in the court.
when the accused appears after bail then the responsibility of one who files surety bond ends. Then the matter reamins between court and the accused persons.
On this base, the decision given by trial court for action against the person who has filed surety bond due to non appearance of accused is declared null and void.
Trial court had accepted bail of the accused in the case of possessing illegal arms.
Trial court had ordered to the person who had filed surety bond to pay fine of Rs one lac due to non appearance of the accused during trial.