Law:

Section:

Surety Bond- —-Surety bond-Forfeiture of--Challenge to-Accused had jumped bail for over 18 months and was produced by surety after entire amount of surety bond was ordered to be forfeited by Court—Held: There are  o grounds to set aside impugned order—Held further: However, since accused has been produced by surety himself and non-bailable warrants issued by Court, had brought no fruit, amount to be forfeited is  educed to Rs.2000/-                            [P.354JA JUDGMENT This application under Section 439 Criminal Procedure Code has been filed by one Buno son of Muhammad Sadique Manghrio impugning the order passed by the III Additional Sessions Judge Khairpur on 14.1.1992 whereby he ordered forfeiture of his surety bond which he had executed in the sum of Rs.50,000/- for accused Khushhal son of Muhammad Bakhsh Sahto in Sessions Case No.83/89. It appears that accused Khushhal Sahto had slipped out of the country during the pendency of his trial without permission of the Court to Saudi Arabia and remained absent for about over 18 months. The Trial Judge had issued non-bailable warrants for his arrest and granted sufficient time of over 18 months to the Applicant to produce him. Since he was unable to produce the accused he passed the order impugned in this application. Mr. Nooruddin Sarki, Advocate appearing for the Applicant has referred to the Application filed by accused Khushhal on 29.1.1992 filed by him on his surrender before that court. The Trial Judge on that date remanded him to custody and according to Mr. Nooruddin Sarki, Advocate for the Applicant, he continues to be in custody in that case. In fact, according to him, it was the Applicant (Surety) who had produced the accused alongwith an Application filed in the Court. This fact is recorded in another…

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