Law: Pakistan Penal Code, 1860

Section: 199

Law: Code of Criminal Procedure, 1898

Section: 302, 311 PPC

Summary: 1. It is not open to the Court to bypass stages provided under section 514 Cr.P.C. for forfeiture of bonds. As per mandate of aforesaid section of law, first comes forfeiture with reasons. Then show cause. Thereafter, if the penalty is not paid, recovery must be attempted through attachment and sale of movable property under subsection (2). Only if such recovery fails can the Court resort to the last step i.e. civil imprisonment under subsection (4). 2. Any deviation from the procedure prescribed under section 514 Cr.P.C. for instance, committing any person bound by a bond straightaway to civil prison without making any effort to recover the penalty through attachment and sale of property as mandated by subsection (2), is impermissible. 3. Where the law requires a thing to be done in a particular manner, it must be done in that manner alone or not at all. 4. Article 4 of the Constitution guarantees that no action detrimental to life or liberty shall be taken except in accordance with law. Article 10-A of the Constitution further ensures the right to fair trial and due process. When a person is sent to civil prison without adhering to the mandatory procedure prescribed by law, the action ceases to be lawful and becomes constitutionally infirm. This constitutional petition under Article 199 challenged the forfeiture of bonds and committal of the petitioners to civil prison for failing to secure the safety of a protected female (Mst. Roshan Bibi). The Court found that the lower courts violated the mandatory procedure under Section 514 Cr.P.C., as they directly ordered civil imprisonment without first attempting recovery through attachment and sale of property. Holding that imprisonment is a last resort under the law and that due process was not followed, the Court set aside the orders and remanded the matter for fresh decision. The petitioners were ordered to be released. Sections / Legal Provisions Used: Article 199 Constitution of Pakistan; Sections 302, 311 PPC; Section 514 Cr.P.C.; Article 4 Constitution; Article 10-A Constitution Two 2-word descriptions of the case: Bail bond Procedural illegality       JUDGMENT  Through this…