Law: Criminal Procedure Code (V of 1898)

Section: 514

Criminal Procedure Code (V of 1898)--- ----S. 514---Forfeiture of bond---Scope---Petitioner stood surety for accused, who later on went underground and was not traceable---Petitioner's contention was that a compromise was effected between legal heirs of the deceased and the accused---Validity---Compromise having been effected between the parties, however, genuineness of the same was yet be determined by the Trial Court---Petitioner had made out a case for lenient view---Chief Court accepted the revision petition and reduced the surety amount. 1990 SCMR 1092; 1990 SCMR 1313; 1994 SCMR 690; PLD 1995 SC 348; 1996 SCMR 244 and 1996 SCMR 695 ref. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, J.--- The learned counsel for the petitioner submitted that the petitioner stood surety for accused Shakoor Syed alias Shakoor, resident of Manikal Darel, District Diamer, who later on went underground and yet not traceable. The learned counsel submitted that the judgment/order of the learned trial Court is not only arbitrary but also devoid of any reasoning as a compromise was effected between the legal heirs of deceased and the accused. The statements of legal heirs of the deceased were recorded by the trial Court on 25-11-2015. Lastly the learned counsel submitted that the forfeiture of surety bonds is not justified in the above circumstances and prays that the order/ judgment dated 05-12-2018 be set aside in the larger interest of justice. The learned counsel relied on PLD 1996 Lahore 600, 2005 YLR 1602 and Cr. Revision 08/ 2014. 2. On the other hand the learned Dy. Advocate General defended the judgment/order passed by the trial Court and submitted that the petitioner was bound to produce the accused in the Court as per the terms and conditions set forth in the surety bonds. The petitioner was given sufficient time to produce the accused but he failed to do and no option was left with the learned trial Court except to…

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