Case Details

Citation(s)
1981 SLG 3035 = 1981 SLD 3035 = 1981 PCRLJ 198
Supreme Court (AJ&K)
Criminal Revision No. 136 of 1980. decided on 11thOctober, 1980.
Presented By: Sardar Muhammad Sharif Khan, Aug. C J
Manzoor-ul-Nassan for Petitioner. Rafique Mahmood Khan, Addl. A.-G. for the State.

MUHAMMAD ZAMAN-Petitioner

VERSUS

THE STATE Respondent

Law: Criminal Procedure Code (V of 1898)

Section: 514

Criminal Procedure Code (V of 1898) S. 514--Bail bond, forfeiture of-District Criminal Court consisting of two members to deal with matter but order forfeiting bail bond, having passed by Sessions Judge alone-Order, held, passed without jurisdiction and set aside, in circumstance.-[Forfeiture of bail bond --Jurisdiction]. Date of institution: 10th August, 1980.                                                                                                                             ORDER The learned counsel were heard. In a case under section 9 of the offences Against Property (Enforcement of Hudood) Ordinance, now pending in the District Criminal Court Muzaffarabad, Muhammad Sadiq accused was granted bail by that Court vide its order dated 31-5-1980. During the proceedings before the trial Court the accused absented himself from appearing before the trial. Court. He was released on bail furnished by Muhammad Zaman, the petitioner. On default committed by the accused in not attending the Court as undertaken by the surety, the amount of bail bond was forfeited and a show cause notice was issued to him to appear before the trial Court to show as to why amount of bail forfeited should not be realized from him. In answer to the…
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