Law: Criminal Procedure Code (V of 1898)

Section: 514

Law: Pakistan Penal Code, 1860

Section: 489-F

Criminal Procedure Code (V of 1898)--- ----S. 514---Penal Code (XLV of 1860), S. 489-F---Dishonestly issuing cheque---Forfeiture of surety bond---Forfeiture of full surety amount---Scope---Petitioner stood surety for the accused involved in a case registered under S. 489-F, P.P.C. in the sum of Rs. 5,00,000/- and deposited Defense Saving Certificates of the like amount on behalf of the accused when he was granted bail---Held, standing surety for someone was an act of benevolence until it was established that the surety had got the accused released on bail for ulterior motives---Court granted, pre-arrest bail to the accused, he was present in the Court on given date but at 10:30 he left the Court due to illness after giving application for adjournment to the Reader---Court adjourned the case for the next day and on that date of hearing he was absent and the Court recalled his pre-arrest bail order---Accused was absent from the Court for only one day and Court, without giving any warning/notice to surety, cancelled the bail order the very next day---Surety was cancelled in a hurried manner as the surety was not to be treated harshly nor punished severely without having been there extraordinary circumstances calling for full forfeiture of surety bond---High Court set aside the impugned order with the direction that minor penalty commensurating the circumstances be imposed by the Trial Court---Application of the surety was disposed of accordingly. 2009 PCr.LJ 962; 1997 PCr.LJ 554 and 2011 SCMR 929 ref. THIS ORDER PASSED BY: MRS. KAUSAR SULTANA HUSSAIN, JUSTICE:---.--- This Criminal Miscellaneous Application bearing No. 22/2017 under section 561-A read with section 516-A is directed against the order dated 02.12.2016 passed by learned VIth Additional District and Sessions Judge, Karachi South in Bail Application No. 601/2016 of crime No. 68/2016 of Mithadar under section 489-F, P.P.C., whereby the learned Additional District and Sessions Judge forfeited the surety furnished by the applicant for the accused namely Tanveer Qayyum Paracha after ad-interim pre-arrest order passed by the same Court in favour of accused Tanveer. 2. The facts necessary for the disposal of…

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