| Citation(s) |
|---|
| 1962 SLG = 1962 SLD 2706 = 1962 PLD 118 |
Lahore High Court
Criminal Revision No. 534 of 1961, decided on 10th November 1961.
Presented By: M. R. Kayani, C. J.
Raja Hasan Akhtar for Petitioner. Gulzar Hasan for A. G. for
Respondent. Date of hearing : 10th November 1961
Criminal Revision No. 534 of 1961, decided on 10th November 1961.
Presented By: M. R. Kayani, C. J.
Raja Hasan Akhtar for Petitioner. Gulzar Hasan for A. G. for
Respondent. Date of hearing : 10th November 1961
MUHAMMAD AYUB-Petitioner
VERSUS
THE STATE-Respondent
Law: Criminal Procedure Code, 1898
Section: Ss. 514, 515 read with S. 5
Criminal Procedure Code (V of 1898), Ss. 514, 515 read with S. 5-Fbrfeiture of bail bond-Offence against Martial Law Regulation (C. M. L. A's) No. 40 read with (C. M. L. A's) No. 27 Additional District Magistrate, admitting accused to bail, compe tent to proceed under S. 514 and pass order of forfeiture of bond-District Magistrate competent to entertain appeal under S. 515 from order of forfeiture-Martial Law Order (M. L. A's) No. 38. Bail-Interim bail expiring on 30-1-1961-Bail bonds produced on 2-2-1961 and accepted by Magistrate without record ing separate order extending operation of previous order-Acceptance of bonds, held, itself constituted an order of bail-Criminal Procedure Code (V of 1898), S. 497-Martial Law Order (M. L. A's) No. 38. Criminal Procedure Code (V of 1898), S. 499-Bail bond-- Accused required to attend at "time and place" mentioned in bond-Bail before actual beginning of trial-Bond not specifying any particular Court or date-Accused's duty to wait till he receives intimation of Court and date. Martial Law Regulation (C. M. L. A's) No. 32-"Misuse of facilities" provided by State for "official use"-Instance-Misuse of official telephones. JUDGMENT These three criminal revisions are allied in character, each relating to a surety in a criminal case whose bond was forfeited. The three accused persons, Gulab Khan, Mohsin Khan and Jan Khan, were Pawindas, who were alleged to have committed the offence of smuggling under Martial Law Regulation No. 40, read with Regulation No. 27. An application for bail was made by each of them to the Additional District Magistrate of Lyallpur, Mr. Muzaffar-ud-Din, who, on the 26th of January 1961, granted "interim bail" "for the present" till the 30th of January. The bail bonds, however, were not produced until the 2nd of February 1961, but on that date they were accepted by the Magistrate and the accused were released on bail. These bonds required the accused to appear in Court at each hearing until the case was decided. At the next hearing, the accused did not appear, and it was reported to the…