Law:

Section:

Criminal Procedure Code (V of 1898)--S.514---Abscondence of accused---Forfeiture of surety , bond--­Procedure--Forefeiture of surety bond had to be to the extent of the full amount of the bond---Reduction of amount of surety bond would not be in consonance with law. Zeeshan Kazmi v. The State PLD 1997 SC 267 and Abdul Bari v. Malik Amir Jan and others PLD 1998 SC 50 fol. Qazi Muhammad Jamil, Advocate Supreme Court and M. S. Khattak, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: l1th October, 1999. ORDER SH. RIAZ AHMED, J.------Leave to appeal is sought against the judgment and order dated 30-10-1998 delivered by a learned Judge of the Peshawar High Court whereby a revision petition preferred by the petitioner to call in question the order of the Additional Sessions Judge passed on appeal in connection with the forfeiture of the bail bond furnished by the petitioner was dismissed. 2. The facts in brief are that uncle of the petitioner, namely, Muhammad Rafiq, allegedly committed murder and he applied for bail before arrest and interim bail was allowed by the Additional Sessions Judge, Haripur in the sum of Rs.1,00,000 with two sureties each in the said amount. Petitioner and one Kala Khan stood sureties for Muhammad Rafiq and both executed bonds in the sum of Rs.1,00,000 each. On the date of confirmation of the bail, aforesaid Muhammad Rafiq did not appear. On account of the absence of Muhammad Rafiq vide order dated 3-12-1997 the order allowing interim bail was recalled and an order was passed forfeiting the bail bond submitted by the petitioner and the case was referred to the Judicial Magistrate for proceeding in accordance with law. The learned Judicial Magistrate initiated proceedings against the petitioner under section 514, Cr.P.C. The petitioner was given time to produce his uncle Muhammad Rafiq, but he failed to do so. Another period of one month was sought for the production of Muhammad Rafiq, but the petitioner failed to produce him. On 14-2-1998 the petitioner stated before the Judicial Magistrate that he was unable to procure the attendance of Muhammad Rafiq upon which the learned Judicial Magistrate directed the…

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