Law: Constitution of Pakistan 1973

Section: 199, 4, 10-A

Law: Code of Criminal Procedure, 1898

Section: 514, 164

Law: Pakistan Penal Code (PPC),1860

Section: 302 & 311

Summary The petitioners challenged the forfeiture of bonds executed for the safety and production of Mst. Roshan Bibi and the subsequent order committing them to six months' civil imprisonment for non-payment of the bond amount. The High Court held that the trial court failed to comply with the mandatory procedure prescribed under Section 514 Cr.P.C., as it directly ordered civil imprisonment without first attempting recovery of the penalty through attachment and sale of the petitioners' movable property. Holding that civil imprisonment is the last resort and that deprivation of liberty without following due process violates Articles 4 and 10-A of the Constitution, the Court set aside the impugned orders, remanded the matter for fresh decision in accordance with law, and ordered the immediate release of the petitioners. Tagline Bond forfeiture—Civil imprisonment of a surety cannot be ordered without first exhausting the mandatory recovery procedure under Section 514 Cr.P.C.; imprisonment is a last resort and due process is constitutionally protected. ORDER; Syed Mudasser Ameer, J.- Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioners assail the orders of the Courts below whereby the bonds furnished by them for securing the life of a female, namely Mst. Roshan Bibi, were forfeited and, upon failure to pay the penalty, they were committed to civil prison for six months. The record shows that Mst. Roshan Bibi, aged about 21 years, appeared before Police Station Komila on 13.02.2025 and reported that her parents had engaged her without consent and she apprehended danger to her life. She was produced before the learned Judicial Magistrate where her statement under section 164 Cr.P.C. was recorded. On her request, she was handed over to petitioner No.1 subject to furnishing a bond in the sum of Rs.5,000,000/-, with petitioners No.2 and 3 as sureties, to ensure her safety and production as and when required. Subsequently, on 20.09.2025, information surfaced regarding her alleged death. The Court summoned petitioner No.1 to produce her. A lady was produced, but forensic…