Law: Criminal Procedure Code (V of 1898)

Section: 514

Law: Pakistan Penal Code, 1860

Section: 148,149,302,506(2)

Criminal Procedure Code (V of 1898)--- ----S. 514---Bail bond, forfeiture of---Scope---Accused was admitted to interim pre-arrest bail which was not confirmed and his application for pre-arrest bail was dismissed---Surety was called upon to produce accused or to show cause as to why amount of surety bond should not be recovered from him---Petitioner was imposed penalty---Validity---Bail bond was executed by the surety on account of grant of interim pre-arrest bail to accused which was later on not confirmed---With the dismissal of bail application of accused, bail bond executed by surety died its natural death, it was not alive to have been forfeited---Revision application was accepted in circumstances. THIS ORDER PASSED BY: IRSHAD ALI SHAH, J.--- The applicant by way of instant Crl. Revision Application has impugned order dated 19.12.2014, passed by learned Sessions Judge, Jacobabad, whereby he has been imposed penalty of rupees Two Lacs upon the applicant on account of his failure to produce accused Nabi Dad before his Court. The facts in brief necessary for disposal of instant Crl. Revision Application are that accused Nabi Dad on having been involved in FIR Crime No.20/2104, under sections 302, 506/2, 148, 149, P.P.C. of Police Station Airport, sought for pre-arrest bail by way of filing an application under section 498, Cr.P.C. On his such application, he was admitted to interim pre-arrest bail on 17.07.2014, by learned 1st Additional Sessions Judge, Jacobabad. The interim pre-arrest bail so granted to accused Nabi Dad was not confirmed. Consequently, his application for grant of pre-arrest bail to him was dismissed on 24.07.2014, by learned 1st Additional Sessions Judge, Jacobabad. Subsequently, the applicant was served with the notice dated 25.11.2014, by learned Sessions Judge, Jacobabad, calling upon the applicant to produce accused Nabi Dad, or to show cause as to why rupees Two Lacs being amount of surety bond should…

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