Law: Criminal Procedure Code (V of 1898)

Section: 514 , 439

Criminal Procedure Code (V of 1898)--- Ss. 514 & 439 --- Forfeiture of surety bond --- Petitioner stood surety for the accused in a bail case who subsequently absconded --- Repeated processes issued against the accused and the surety proved to be ineffectual --- Sessions Court consequently after the lapse of two years forfeited the surety bond of the petitioner directing him to pay the surety amount of Rs.50,000 --- Held, Trial Court should have examined the process-server in case of non-service on the surety in order to ascertain whether the surety was avoiding service deliberately or he was not available or the service was not effected due to the negligence of the process-server or the agency --- Surety was, thus, penalized and condemned unheard --- Said order of the Trial Court was set aside accordingly with the direction to examine the process-server and give chance to the surety to produce the accused in Court and only in case of his failure to do so forfeiture of his surety bond could be ordered --- Revision petition was allowed accordingly. 1990 PCr.1J 95 ref. Ali Nawaz Ghanghro for Petitioner. Muhammad Bachal Tonyo, Addl. A. -G. for the State. Date of hearing; 15th January, 1996. JUDGMENT The brief facts leading to this Criminal Revision are that one Yakoob Kosh was granted bail by Sukkur Bench of this Court on 7-10-1990 vide Criminal Bail Application No.L556/.1990 in the sum of Rs.50,000 and the present applicant stood surety. Yakoob Kosh was released on bail on 9-10-1990 with the direction that he had to appear before IVth Additional Sessions Judge, Larkana on 10-10-1990 which he failed. The learned trial Court issued process repeatedly against the accused so also notices to the surety, the present applicant. Non-bail able warrants issued against the accused could not be served nor the notices issued to the applicant. Finding no other way, the learned IVth Additional Sessions Judge passed this order on 29-4-1992 after the lapse-of two years and forfeited the surety bond and directed the present applicant/surety to pay the surety   amount of Rs.50,000 and issued such direction to the Mukhtiarkar, Ratodero.…