Law: Criminal Procedure Code (V of 1898)

Section: 30,435,439(A),514,515

Law: Arms Ordinance (XX of 1965)

Section: 13

Law: Pakistan Penal Code, 1860

Section: 324,353

Criminal Procedure Code (V of 1898)--- ----S. 514---Penal Code (XLV of 1860), Ss. 324 & 353---Pakistan Arms Ordinance (XX of 1965), S.13---Forfeiture of surety bond---Petitioners stood surety for accused involved in a case registered under Ss. 324 & 353, P.P.C. read with S.13 Pakistan Arms Ordinance, 1965 and executed a bond on behalf of accused---On failure of the said accused to appear on the date fixed for hearing, Trial Court cancelled his bail, forfeited surety bonds, directed the petitioners to deposit the amount of Rs. 60000/- each as penalty out of amount of surety of Rs. 80000/----Validity---Record showed that petitioners stood surety of the accused out of benevolence and not for ulterior motive or monetary gain, therefore, they were not to be treated harshly nor punished severely without there being extra-ordinary circumstances---Accused for whom the petitioners had stood surety was fugitive from law in a murder case and as such it was humanly not possible for the petitioners to ensure his availability before the court---Taking into consideration financial position of petitioners, forfeiture of bonds, submitted by them to the extent of Rs. 60,000/- each, seemed to be aggressive, hence, the petitioners deserved leniency---High Court observed that default would be adequately punished by requiring each of petitioners to pay Rs.40,000---Revision petition was allowed accordingly. Sardar Khan and others v. The State 1969 PCr.LJ 447; Ghulam Haidar v. Karim Bakhish PLD 1963 SC 47; Muhammad Khan v. The State 1986 PCr.LJ 2028; Bahadur Khan v. The State 1976 PCr.LJ 1283 and Dilshad Alam v. The State 2000 PCr.LJ 172 rel. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, J.--- This appeal is directed against the judgment of learned Additional Sessions Judge-III, Lakki Marwat dated 19.04.2018, whereby Cr. Appeal No. 11, filed by the appellant was dismissed by upholding the judgment/order dated 14.04.2018 of the learned SCJ/Judicial Magistrate, empowered with Section 30, Cr.P.C, whereby bail bonds, furnished by the appellants were forfeited to the State and they were directed to pay a penalty of Rs.60,000/- each, in default they shall undergo further SI in civil…

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