| Citation(s) |
|---|
| 1995 SLG 988 1995 SLD 988 1995 PLD 569 |
Lahore High Court
Criminal Revision No. 100 of 1995, decided on 26th June, 1995.
MRS. FAKHRUN NISA KHOKHAR, J
Nemo for Petitioner. Haroon Latif for the State
Criminal Revision No. 100 of 1995, decided on 26th June, 1995.
MRS. FAKHRUN NISA KHOKHAR, J
Nemo for Petitioner. Haroon Latif for the State
M. ANAYAT
VS
THE STATE
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 514---Forfeiture of bond---Procedure to be adopted by the Court detailed. Under section 499 of Cr.P.C. the surety bond ensures the appearance of the accused to attend at the time and place mentioned in the bond and shall continue so to attend the Court otherwise directed by Police or a Court as the case may be. If the accused fails to attend at the time and place mentioned in the bond the provisions of section. 514, Cr.P.C. shall apply. In respect of these provisions the intention of legislature is very clear. When the bond is for appearance of an accused before a Court and he fails to attend to that Court the Court will serve notice upon the accused to attend to that Court and if he fails to do so after the service of that notice as such, there and then the Court shall issue show-cause notice to the surety why his surety bond should not be forfeited for non-attendance or non-appearance of the accused and after reasonable opportunity of being heard and explaining the causes for nonappearance of the accused the Court can penalise the surety by forfeiture of bond and even after the forfeiture the Court shall record the grounds of such proof and may call upon any such person to pay the penalty or otherwise show cause why it should not be paid. Every Court is guided by the provisions of law and it is for a Court to use its utmost skill and prudence to make a judicial order within the ambit of the provisions of law. Any order outside or contravening such provisions of law cannot be termed as a proper judicial order. (b) Administration of justice--- ---- Court is guided by the provisions of law and has to use its utmost skill and prudence to make a judicial order within the ambit of the provisions of law--Any order outside or contravening such provisions of law cannot be termed as a proper judicial order. (c) Criminal Procedure Code (V of 1898)---' ----S. 514---Forfeiture of bond---Notice to the surely and accused---Provisions of S.514, Cr.P.C. clearly provide opportunity to the surety and the accused to attend the Court and explain the reasons for their non-attendance. (d) Criminal Procedure Code (V of 1898)---…
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