Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 514---Forefeiture of bond---Imposition of fine---Principles---Imposition of fine upon sureties is to be regulated keeping in view the facts and circumstances of each case---Where the surety has made genuine efforts to produce the accused before the Trial Court but could only do so after some time, then a lenient view has to be taken---However, where the surety has totally failed to produce the accused in court, then courts have to be strict in imposition of fine. (b) Criminal Procedure Code (V of 1898)--- ----S. 514---Forfeiture of bond---Imposition of penalty---Principles---In dealing with the cases of sureties who are in default, a balance has to be held between undue leniency which might lead to abuse of the procedure and interference with the course of justice in a larger number of cases, and on the other hand undue severity which might lead to unwillingness on the part of neighbours and friends to come forward and give bail for accused persons. Dildar and another v. The State PLD 1963 SC 47 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 514---Penal Code (XLV of 1860), Ss. 324/353/148/149---Constitution of Pakistan, Art. 185(3)---Attempt to commit qatl-e-amd---Forfeiture of bond---Appellant had stood surety for four accused persons in the sum of Rs. 100,000 each, who had absconded during the trial and Trial Court had imposed a fine on him to the extent of full amount of surety---No inquiry had been made before the Trial Court in assessing the carelessness of the appellant in his efforts to produce the accused in court; hence, it could be inferred that perhaps the appellant did make such efforts, but failed as the accused had absconded and shifted to some unknown place---Appellant had produced one accused whereas another accused was arrested in some other case, but he had totally failed to produce two accused for which he had stood surety---Consequently, in case of accused whom the appellant had produced in court fine was reduced to Rs. 25,000 and in case of accused arrested in another case fine was reduced to Rs. 75,000, but the fine of Rs.100,000 each was maintained in case of the other two accused…

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