Law:

Section:

Criminal Procedure Code (V of 1898)--S. 514---Penal Code (XLV of 1860), . S.302/34---Constitution of Pakistan (1973), Art. 185(3)---Forfeiture of bonds---Petition for leave to appeal--­Absconding accused for whose attendance in Court the petitioners had stood sureties on his having been admitted to interim bail in the murder case, had been already arrested and produced in the Court---Held, while ordering for the forfeiture of the bonds the Court must keep the balance between undue leniency and undue severity---Petitioners while standing surety did not gain anything nor they were privy to the absconscion of accused--- Petitioners had forfeited their surety bonds, but in the facts and circumstances of the case the interest of justice could be amply served by reducing the penalty imposed upon them---Petition for leave to appeal was accordingly converted into an appeal and was allowed to the extent that the penalty of Rs.40,000 imposed by the Trial Court on each petitioner was reduced to Rs.10,000. Dildar v. State PLD 1963 SC 47 rel. Sh. Naveed Shehryar, Advocate Supreme Court and Syed Abul Aasim Jafri, Advocate-on-Record for Petitioners. M. Farooq Bedar, Additional Advocate-General for Respondents. Date of hearing: 1st March, 1995. JUDGMENT ZIA MAHMOOD MIRZA, J.---Facts giving rise to this leave petition are that the petitioners herein stood surety for Muhammad Aslam alias Achhu, accused in a case under section 302/34, P.P.C. registered with Police Station Civil Lines, Gujrat vide F.I.R. No.71 dated 5-2-1992, in which case, the accused was allowed interim bail in the sum of Rs.1,00,000 with two sureties, each in the like amount. Each of the petitioner b stood surety for the accused in the said amount. The accused thereafter, absented/absconded and was declared proclaimed offender. Special Court (Suppression of Terrorist Activities) Gujranwala Division, gave a notice to both the petitioners on 20-12-1993 to show cause as to why the amount of their surety bonds be not forfeited to the State. Petitioners in their reply to the show-cause notice stated that with their efforts, the accused had already been apprehended and produced in Court. Learned Trial Judge was not…

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