Law:

Section:

Criminal Procedure Code (V of 1898)---S. 514---Forfeiture of surety bond---Procedure---Accused for whom appellant stood surety, had been regularly appearing before the Trial Court , but in spite of lapse of 9 years the trial could not conclude---When it came to the knowledge of the surety that accused had gone to Pakistan for treatment, surety due to apprehension that accused could abscond, filed an application for withdrawal of surety bond---Trial Court did not pass any order on that application and simply placed the same on the record---When accused did not turn up on the date fixed for hearing, Trial Court forfeited the surety bond---Validity---Surety (appellant) had moved application for withdrawal of surety bond well before the date of hearing---No order was passed on said application and the Trial Court straightway passed order of forfeiture of surety bond and directed the surety to deposit forfeited amount---Impugned order should have recorded the reasons while forfeiting the surety bond, and after forfeiture of the same, surety must have been served with a show-cause notice that why the forfeited amount could not be realized from him---Section 514, Cr.P.C. provided that it must be proved to the satisfaction of the court that the bond had been forfeited and it was only after such proof that the surety could be called upon to show-cause as to why the penalty should not be levied---Proof should be a prima facie proof based on evidence that bond had been forfeited---Non-issuance of notice in absence of prima facie proof would render the proceedings liable to be set aside---Trial Court had passed order in a hasty manner and without observing the relevant provisions of law and without following the procedure provided in S.514, Cr.P.C.---Judgment of the court being based on presumptions, same was not sustainable in the eye of law---Impugned orders were set aside and case was remanded to the Trial Court for decision afresh in accordance with law after affording reasonable opportunity to the surety. Dildar and another v. The State PLD 1963 SC 47 and Murtaza Shah and another v. The State PLD 1986 Pesh. 43 ref. Sanwan and another v. The State PLD 1965 (W.P.) Kar.…

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