Law: Criminal Procedure Code (V of 1898)

Section: 514

Criminal Procedure Code (V of 1898) S.514Forfeiture of surety bondProcedureImposition of fine on suretyExercise of discretion of Trial Court under S.513, Cr.P.C.Scope impugned order of Trial Court whereby vide proceedings under S.514, Cr.P.C., a fine was imposed on petitioner who had stood surety for accused, and such accused had abscondedContention of petitioner was that he had stood surety for accused on humanitarian grounds and tried best to locate accused but did not succeedValidityIn the present case, it had not been shown that petitioner stood surety for any monetary or personal gain and there was no evidence that he had been careless or that he did not make any effort to produce accused before Trial CourtImpugned order was modified and quantum of penalty upon petitioner was reducedRevision was disposed of, accordingly. Ali Sher v. The State 2011 SCMR 929 rel. ORDER TARIQ SALEEM SHEIKH, J. This criminal revision assails order dated 4102016 passed by the learned Additional Sessions Judge, Chichawatni, whereby a penalty of Rs.75000/ was imposed on the Petitioner on account of his failure to comply with the terms of the surety bond. 2. Brief facts of the case are that the Petitioner stood surety in the sum of Rs.100,000/ for Mukhtar alias Mukhi in case FIR No.126/2011 registered at Police Station Ghazi Abad, Tehsil Chichawatni, District Sahiwal, for offences under Sections 302/397/393, P.P.C. During the trial the said Mukhtar alias Mukhi jumped over his bail and absconded. Consequently his bail was cancelled and bail bond was forfeited. Thereupon the learned trial Court initiated proceedings under Section 514, Cr.P.C. against the Petitioner. The Petitioner started searching Mukhtar alias Mukhi accused and learnt that he was arrested in another case bearing FIR No.406/2015 dated 29122015 registered at Police Station Dera Raheem, District Sahiwal, for offences under Sections 380/411/457, P.P.C. The Petitioner brought this fact to the notice of the learned trial Court through his reply to the show cause notice which he filed on 2452016. The learned trial Court rejected the said reply and imposed penalty of Rs.75000/ on him, Hence, this petition. 3. Learned…

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