Law: Criminal Procedure Code (V of 1898)

Section: 514 , 324 , 34

Criminal Procedure Code (V of 1898)--- ----S. 514---Penal Code (XLV of 1860), S. 324/34---Forfeiture of bond---Accused for whom the petitioner had stood surety had surrendered on the following day of the passing of the impugned order and the case had been compromised between the parties---Petitioner, therefore, was entitled to same leniency in the matter of imposition of penalty---Penalty of Rs.10,000 imposed on the petitioner by the Magistrate was reduced to Rs.4,000 in circumstances. Dildar and another v. The State PLD 1963 SC 47; Allah Dad v. The State 1981 PCr.LJ 1184 and Haitam v. The State and others 1987 MLD 977 ref. H.M. Zahir Shah for petitioner. M. Isa khan for the state. Date of hearing :18th January, 1994. JUDGMENT This criminal revision has arisen out of the order of the learned District Magistrate, Kohat, dated 27-9-1993 whereby he had affirmed the order of the Magistrate Ist Class, Kohat, dated 14-6-1990 forfeiting the bond furnished by the petitioner as a surety for Umar Gul accused in case F.I.R. No.272 dated 25-5-1988 registered under section 324/34, P.P.C. at Police Station, Saddar, Kohat and imposed penalty of Rs.10,000 or in default of payment thereof to suffer six months' simple imprisonment. 2. The operative part of the order of the Magistrate 1st Class, Kohat, was to the effect that "the surety Yaseen Khan, petitioner, present in Court, is taken into custody. He will have to suffer six months' S.I. in default of payment of the amount of Rs.10,000 for which he had furnished the bail bond". 3: The learned counsel for the petitioner contends, and rightly so, that the learned Magistrate has not followed the procedure prescribed for proceedings under section 514, Cr.P.C. step by step and instead had illegally jumped to subsection (4) of section 514, Cr.P.C. According to the learned counsel, if the learned Magistrate, while passing the   order, was satisfied that the accused for whom the surety has furnished bond has failed to appear in Court then first of all an order is to be passed forfeiting the amount of bond after recording grounds for such proof, and then may call upon the surety to pay the penalty thereof or to…