Law: Criminal Procedure Code, 1898

Section: 514, 68, 69, 70, 71

(a) Criminal Procedure Code (V of 1898)  S. 514 read with Ss. 68, 69, 70 & 71 Forfeiture of bondSummons Service ofService of processMeaningKnowledge actual or construc tive about summons or notice of person concernedHeld, necessary ingredient of service without which subsequent proceedings cannot obtain legal sanctity.[Words and phrasesForfeiture of bond]. (b) Criminal Procedure Code (V of 1898) S. 514 read with S. 70Forfeiture of bondFinal decision regarding recovery of amount of forfeited bondTo be made after issue of notice to show cause why amount should not be paidOrder for recovery made without service of showcause noticeHeld, not only contrary to whole some provision of S. 514 but also in violation of principle of natural justice contained in Latin maxim : "audi alteram partem" (no one should be condemned unheard) which stems from principle of Islamic law. [MaximForfeiture of bond].                                                                                                              JUDGMENT CH. RAHIM DAD KHAN. C. J.A case, against the present appellants, was registered on 1651976, at Police StationKoth under section 307 read with section 34, A. P. C. and section 15 of Islamic Penal Laws Act. The accused appellants were admitted to interim bail by the High Court, on 22519 , subject to their execution of bail bonds with sureties in the sum Rs. 2,000 each for their appearance on 26576. They failed to appear on the said date and consequently the learned Chief Justice of the High Court, who granted the interim bails, passed an order forfeiting the amount of the bonds as directed issuance of a notice to the sureties as well as to the accused for showing cause as to why the amount so forfeited should not be recovered from them. Subsequently on appellants' failure to appear in the Court the impugned order for recovery of the amount was passed on 281076.…