| Citation(s) |
|---|
| 2005 SLG 1894 2005 SLD 1894 2005 PLD 278 |
Sindh High Court
Criminal Revision No. 146 of 2004, decided on 4th November, 2004
SHABBIR AHMAD, J
Saathi M. Ishaq for Applicant.
Criminal Revision No. 146 of 2004, decided on 4th November, 2004
SHABBIR AHMAD, J
Saathi M. Ishaq for Applicant.
SHAHZAD AHMED HASHMI--Applicant
VS
THE STATE through AdvocatEGeneral, Sindh court-
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 514---Forfeiture of surety bond---Petitioner who stood surety of accused approached the Trial Court for return of surety amount without realizing that accused had jumped bail---Bail granted to accused was cancelled and bail bond was forfeited ---Non-bailable warrant was issued to accused and petitioner was noticed in terms of S. 514, Cr.P.C.---Trial Court directed Nazir of Court to encash Special Saving Certificate and deposit the amount in Government head in State Bank ---Validity--Petitioner/surety no doubt was noticed to show-cause as to why penalty should not be imposed, but such notice had not been served---If presence of petitioner before Court is taken as a notice, even then impugned order was not sustainable in law for the reason that order imposing fine, had not been passed---Impugned order was set aside---Petitioner was allowed a week's time to file reply of show-cause as to why penalty in full amount of bond should not be imposed and on submission of reply, an appropriate order in accordance with law would be passed by Trial Court. ORDER 1. Granted. 2 & 3. The applicant Shahzad Ahmed Hashmi, who, stood surety for accused Malik Abid approached the trial Court for return of the surety on 13-10-2004 without realizing that said Malik Abid jumped the bail. The bail was cancelled and bail bond were forfeited on 15-7-2000 and NBW against the said accused and applicant was noticed in terms of section 514, Cr.P.C. Learned Additional Sessions Judge, Karachi South treated the application as notice to the applicant and passed the impugned order, which reads as follows:-- "Surety is present. The…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492