Law: Criminal Procedure Code (V of 1898)

Section: 496,499,514,596,599

  Criminal Procedure Code (V of 1898)----Ss. 496, 499 & 514-Surety bond executed in favour of "H. E. the Governor General" when no such post was in existence-Forfeiture of such bond, nevertheless, valid-Central Laws (Adaptation) Order (1 of 1961), Art. 2(2).   Criminal Procedure Code (V of 1898)-----Ss. 514, 596 & 599 Forfeiture of surety bond-Amount of penalty mentioned in bond can be reduced on forfeiture-Forfeiture of surety's bond on non appearance of accused-Co-accused subsequently acquitted-Surety, old journalist fallen on bad days-Amount of Rs. 3,000 reduced, in circumstances, to Rs. 1,000 only.   Date of hearing : 19th October 1964.   JUDGMENT   This is a criminal reference by Mr. Mehdi Ali Siddiqi, Additional Sessions Judge, Karachi, recommending that the two orders passed in this case by Mr. Aftab Hussain, A. C. M., Karachi, dated 7-5-1962, and Mr. Salahuddin Qureshi, City and Additional District Magistrate, Karachi, dated 22-12-62 be quashed on account of the legal defects appearing in those two orders.   The brief facts giving rise to this matter are that on 4-2-61 the respondent SyedMahejabeen Hussain Naqvi stood surety on behalf of accused Shabbir Hussain, in respect of an offence under section 420, P. P. C. in the Court of a First Class Magistrate, Karachi. On a date fixed for hearing of this matter, the accused Shabbir Hussain absented himself from the Court, so that his surety was called upon either to produce him or show cause why his bond should not be forfeited, and on his failing to produce the accused, the Magistrate, Mr. Aftab Hussain on 7-5-62, forfeited the bond and called upon the respondent to pay a sum of Rs. 3,000 instead of the full amount of Rs. 5,000 for which the bond had been executed. An appeal against this order under section 515, Cr. P. C. was carried to the Court of the City and Additional District Magistrate, Karachi, who on 22-12-62, dismissed this appeal. A revision was then filed in the Court of the Sessions Judge, Karachi, which has resulted in the present reference.   In the course of his order of reference, Mr. Mehdi Ali Siddiqui, A. S. J., Karachi,refers to…