Law:

Section:

(a) Criminal Procedure Code (V of 1898)--------Ss. 514 & 498---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), S.10---Forfeiture of surety bond---Petitioner had stood surety for the appearance of accused in Court on his having been granted interim pre-arrest bail in the case on 2-4-2001 till 7-4-2001---Accused appeared in Court on 7-4-2001, but the Presiding Officer being on leave, the matter was adjourned to 12-4-2001 and interim bail was extended till then---Accused did not turn up in Court on 12-4-2001 and thereafter absconded with the result that the petitioner by means of the impugned order was burdened to pay the surety amount---Surety bond being a contract between the surety and the Court that in case the accused defaulted in appearance the surety would be responsible only for the date for which the surety bond was executed; the petitioner was not liable to produce the accused in the Court on any subsequent date---Order passed by Sessions Court directing the petitioner to deposit the surety amount was not lawful in circumstances and the same was set aside---Revision petition was allowed accordingly. Sardar Muhammad v. The State 1998 PCr.LJ 236 ref. (b) Criminal. Procedure Code (V of 1898) --Ss. 514 & 498---Forfeiture of bond---Procedure -Amendment required in the printed Form of surety bond---When the interim bail already granted up to a certain date is extended then care should be taken that the accused shall furnish bond up to that date or suitable amendment be incorporated in the surety bond that the sureties will be responsible to produce the accused in Court on next date of hearing or on any other subsequent date fixed till the final disposal of the matter. High Court observed that ordinarily what happens is that an interim bail is granted up to a certain date, thereafter, if the same is extended then care should be taken that accused shall furnish bond up to that date or suitable amendment be incorporated in the bond which is obtained from the sureties that they will be responsible to produce the accused on next date of hearing or on any date in the bail matter fixed subsequent to that date. So far as the present pro forma…

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