Law: Criminal Procedure Code (V of 1898)

Section: 514

(a) Criminal Procedure Code (V of 1898)--- ----S. 514---Forfeiture of bond---Verifier of surety, status of---Expunction of remarks---Maxim: Audi alteram partem---Scope sought expunction of adverse remarks recorded against him by the Sessions Judge in the proceedings initiated against the sureties under S.514, Cr.P.C. had verified antecedents of sureties being Nazim of the concerned Union Council---Sessions Judge had observed that the conduct of petitioner was very dirty; that he had performed the role of tout and that not only he had cheated the sureties but had also tried to practice fraud upon the court by verifying such sureties who did not enjoy good reputation, therefore, the Sessions Judge directed the Secretary Local Government to initiate action against the petitioner---Validity---Observations of Sessions Judge were without any backing and record---No responsibility was placed on the verifier of sureties while granted bail to accused persons---Role of verifier of the bail bonds was limited to the extent that he verified the sureties to be local residents---Court had to determine as to whether the sureties were reliable and men of means was not afforded an opportunity to justify his position, therefore the observations were hit by Maxim: Audi alteram partem---Adverse remarks as record by the Sessions Judge against the petitioner were expunged by the High Court. Muhammad Salim v. The State PLD 1970 Kar. 187 and Muhammad Sarwar v. The State PLD 1965 (W.P.) Pesh. 14 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 514---Forfeiture of bail bond---Verifier of surety, status of---Scope---Role of identifier/verifier of the bail bond is limited to the extent that he verifies the sureties to be local residents---Court has to determine as to whether the sureties are reliable and men of means, if so, it can proceed further to accept the bail bonds otherwise reject them. Muhammad Salim v. The State PLD 1970 Kar. 187 and Muhammad Sarwar v. The State PLD 1965 (W.P.) Pesh. 14 rel. THIS JUDGMENT DELIVERED BY: AHMAD ALI, JUSTICE:---.---The petitioner being aggrieved of the order dated 29.01.2019 of the learned Sessions Judge Mardan, passed in the proceedings under…

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