Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 514---Penal Code (XLV of 1860), Ss. 396, 397 & 34---Dacoity, robbery or dacoity, with attempt to cause death or grievous hurt, common intention---Forfeiture of surety bond and imposition of penalty---Applicant stood surety for accused persons who were released on bail in the sum of Rs. 3,00,000 each---Both accused absconded after grant of bail and were declared as proclaimed offenders---Accused died during trial so proceedings against him stood abated---Applicant failed to produce the co-accused in the court, the surety was forfeited---Trial Court, on the application by the applicant/surety reduced surety amount from Rs. 3,00,000 to 1,50,000---Validity---Record showed that co-accused was granted bail by the Trial Court subject to his furnishing surety in the sum of Rs. 3,00,000---Applicant had stood surety for the said co-accused, who jumped over the bail and remained absent from the court---On accused's continuously remaining absent from the court, surety of the applicant was forfeited---Applicant/surety had failed to discharge his liability in producing the co-accused in court despite sufficient latitude given to him---Trial Court had already taken lenient view by returning the surety of accused and reducing the penalty of the surety amount from Rs. 3,00,000 to Rs. 1,50,000 relating to the co-accused, could not be termed to be on the higher side---Circumstances established that there was no illegality in the impugned order passed by the Trial Court, which did not call for any interference---Application was dismissed in circumstances. Muhammad Shah and another v. The State 1995 PCr.LJ 1254 and Abdul Rashid v. the State 2007 PCr.LJ 673 ref. THIS ORDER PASSED BY: KHADIM HUSSAIN M. SHAIKH, JUSTICE:---.--- Through this criminal miscellaneous application applicant Amanullah has called in question order dated 13.11.2015, passed by learned 1st Additional Sessions Judge Karachi West, in Sessions Case No. 319 of 2011, re-The State v. Javed and Jamshed, culminated from FIR No. 419/2010 of Police Station Maripur, for offences under sections 396, 397, 34, P.P.C., whereby the applicant being surety of absconding accused…

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