Law: Criminal Procedure Code (V of 1898)

Section: 514

Criminal Procedure Code (V of 1898)--- ----S. 514---Forfeiture of bond---Accused for whom appellants stood sureties, having remained absent and appellants having failed to produce them in Court, Court had forfeited one half of bail bonds of the sureties---Validity---Appellants who stood sureties for accused, were under legal obligation to discharge their liability under bail bonds furnished by them---Appellants having undertaken the liability themselves, it would not lie in their mouth to say that on account of their financial condition, they could not pay amount of bond executed by them; and they stood sureties of accused out of benevolence and without any monetary gain---No legal embargo existed to the effect that amount of bail bond in full could not be forfeited---Where accused jumped bail bond, entire surety amount would become liable to confiscation---Sureties, were liable to produce accused in the Court in view of their undertaking---Trial Court, in the present case, had already taken a lenient view by forfeiting one half of the bail bond---Impugned order being correct, proper and legal, did not call for interference of High Court in its appellate jurisdiction. Muhammad Shah and others v. The State 1994 PCr.LJ 2316; Amanullah and others v. The State 1997 PCr.LJ 1927; Muhammad Khan v. The State 1986 PCr.LJ 2028; Shatab Khan and another v. The State PLD 1996 Lah. 600 and Muhammad Aslam and another v. The State 2004 SCMR 211 ref. ORDER IJAZ-UL-HASSAN KHAN, J.---Through the instant Criminal Appeal No.261 of 2006, Amir Zaman and Muhammad Umer, Appellants have called in question the order dated 1-4-2006, passed by learned Additional Sessions Judge/Izafi Zilla Qazi, Dargai, whereby he forfeited one half of the bail bonds of the appellants. 2. Brief and relevant facts of the case are, that appellants stood sureties for accused Javed Khan and Sabz Ali, in case P'.I.R.No.107 dated 24-7-2002, registered under sections 212/216/216-A, Cr.P.C. at Police Station Sakhakot, Malakand Agency. However, after having been released on bail, said accused Javed Khan and Sabz Ali remained absent and the sureties were asked to produce the said accused. Since they failed to produce…

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