Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 514---West Pakistan Arms Ordinance (XX of 1965), S.13---Penal Code . (XLV of 1860), S.324/337-D---Forfeiture of surety bonds---Notice requiring the petitioner (surety) to pay the forfeited amount of bond was issued after the bond had already been forfeited, Trial Court, therefore, had not contravened or violated the provisions of S.514, Cr.P.C. while issuing show-cause notice to the petitioner to produce the accused in the case before forfeiture of the bond---Contention that the petitioners having not derived any monetary benefit by standing sureties in the cases, Trial Court should have taken a lenient view and should not have forfeited the entire amount of the bonds, had no force---Trial Court, no doubt, had ordered forfeiture of the entire amount of surety bonds, but High Court in revision had substantially reduced the 'amount by exercising its discretion which did not suffer from any infirmity so as to call for any further interference by Supreme Court---Leave to appeal was refused in circumstances. Dildar and another v. The State PLD 1963 SC 47 ref. JUDGMENT SAIDUZZAMAN SIDDIQUI, J.---We propose to dispose of abovementioned 2 petitions by this common Judgment as question of law and facts involved in the case are identical. Criminal Petition No. 262-L of 1994 is filed by Muhammad Hussain who stood surety for accused Qaisar Mahmood in a case under section 13/20/65 of the Arms Ordinance, 1965 by executing surety bond in the sum of Rs.10,000. - - - The said accused subsequently absconded, whereupon the trial Court after forfeiture of surety bond issued notice to the petitioner and finally ordered recovery of the sum of Rs.10,000 covered by the surety bond, from the petitioner. On appeal,. the order of forfeiture of the amount was maintained by the High Court. However,. the amount of surety bond forfeited, was reduced from Rs.10,000 to Rs.7,000. In Criminal Petition No.263-L of 1994 the petitioner Bashir Ahmed also stood surety for Qaisar Mahmood in a case under section 324/337, P.P.C. by executing surety bond in the sum of Rs.50,000. As the accused absconded in the case, the petitioner was given notice by the trial…

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