Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 514---Forfeiture of surety bond---Accused for whom applicant stood surety, having remained absent from court on the date of hearing, surety bond executed by the applicant was forfeited, and surety was asked to deposit surety amount---Validity---Police had seized 18-cattle suspected to be stolen---Said cattle were handed over to a person on superdari after accepting his application by the Trial Court on furnishing solvent surety of Rs. two lac---Applicant stood surety and also executed bond that in case of any default, he will pay Rs. Two lac as fine---Subsequently, surety failed to produce cattle before the court despite issuing several notices and ultimately intimated the court that cattle had been stolen away, copy of FIR was produced---Applicant had failed to perform his duty as per terms and conditions mentioned in the bond executed by him before the Trial Court---Trial Court imposed fine amounting to Rs. Two lac upon the applicant and directed him to pay the said amount within 15 days---Applicant was duty bound to inform the Trial Court regarding commission of theft of cattle instantly but he deliberately avoided to come forward to perform his duty and remained silent---Trial Court directed the applicant to deposit the fine amount within 15 days time but during the period of eight years, he had failed to deposit the said amount, hence he did not deserve for any concession---Previously, applicant had filed another application but he continuously remained absent, thus same was dismissed for non-prosecution---Applicant had filed present petition with unexplained delay of 44 days for claiming same relief, which was barred by time and even no sound ground had been shown for accepting his application---Application was dismissed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 514---Execution of surety bond---Humanitarian grounds---Lenient view---Scope---Execution of surety bond on humanitarian grounds by the surety for release of any accused on bail or property on superdari, was no ground to extend any lenient view. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, JUSTICE:---.--- Through captioned…

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