Law: Criminal Procedure Code (V of 1898)

Section: 514

Criminal Procedure Code (V of 1898)--- ----S. 514---Forfeiture of surety bond---Death of surety---Scope sought a further reduction of forfeited surety amount even though the Trial Court had already reduced the same to 25%---Surety/husband of the petitioner had died prior to absconsion of accused, therefore S. 514(6), Cr.P.C. was applicable which provided that the surety, on death, would be discharged from all the liabilities in respect of the bond---Proceedings initiated by Trial Court were contrary to the mandatory provision of subsection (6) of S. 514, Cr.P.C., thus were of no legal effect--- Petition was disposed of accordingly. THIS JUDGMENT DELIVERED BY: ABDUL HAMEED BALOCH, JUSTICE:---.--- This order shall dispose of Criminal Revision Petition No.10 of 2019 which has been filed by the petitioner against the order dated 13.12.2018 ("impugned order") passed by the Special Judge ATC-II, Quetta ("trial court") for waiving/reduction of surety amount. 2. Brief facts of the case are that on 11.2.2016, the complainant Jan Muhammad along with his brother was present in his guest room. At about 2:15 p.m. they heard explosion and came out of their house and found a hole near the gate. On query, the children of the Muhallah told them that two persons came on motorcycle and thrown something which caused explosion. 3. The accused Fazal Rehman was granted bail by this court vide order dated 18.102017 in FIR No.15 2016. PS Kuchlak subject to furnishing surety in the sum of Rs.3,00,000/-. The husband of the petitioner stood surety for accused and submitted Fard of his house as well as deposited cash amount of Rs.50000/-. Record transpires that despite submitting surety the accused was not released till 20.3.2018 due to his involvement in another case, however after his release on bail the accused attended the trial court till 12.07.2018, whereafter he jumped the bail. 4. The surety/husband of the petitioner had died on 22.12.2017. 5. The trial court forfeited the surety amount of Rs.3,00,000/-. Whereupon the petitioner moved an…

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