Law: Criminal Procedure Code (V of 1898)

Section: 514

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Pakistan Penal Code, 1860

Section: 420,468,471

Criminal Procedure Code (V of 1898)--- ----Ss. 514---Penal Code (XLV of 1860), Ss.420/468/471---Prevention of Corruption Act (II of 1947), S.5(2)---Forfeiture of bail bond ---Procedure---Bail bond in favour of accused was forfeited by the Court for non-appearance of the accused in Court---Procedure for forfeiture of bail bond where bond was for appearance of accused as provided under S.514, Cr.P.C. was that as soon as accused remained absent in violation of bond executed by him or his surety, first step to be taken by the Court was to satisfy itself that accused had violated terms and conditions of bond and if bond was liable to be forfeited Court would pass order for its forfeiture by recording reasons in that respect---Next step to be taken by the Court was to call upon person bound by such bond to pay the penalty thereof or to show cause as to why penalty should not be paid---If instead of making payment, person bound by the bond would offer explanation third step to be taken by the Court would be to make a summary inquiry and record its reasons as to why explanation offered by him should or should not be accepted---Provisions of S.514, Cr.P.C. being mandatory in nature, non-compliance of the same would render order forfeiting bond illegal---One of accused for whom surety had executed bond was incapable to move without help of helper and other accused was a lady of old age of 85 years---Neither absence of accused on fixed date before Court appeared to be intentional nor Court, while forfeiting bond of surety, had adopted mandatory procedure laid down under S.514, Cr.P.C.---Order forfeiting bond passed by Court being not maintainable in law, was set aside, in circumstances. 1984 PCr.LJ 14; NLR 1987 Criminal 382(1); 1993 PCr.LJ 274 and 1993 PCr.LJ 1475 ref. JUDGMENT This criminal revision is directed against the order dated 28-11-2000 of the learned Special Judge, Anti-Corruption, N.-W.F.P., Peshawar Camp at D.I. Khan whereby he forfeited the bail bonds furnished by the petitioners in favour of accused Mst. Saddo Mai and Muhammad Hayat to the extent to Rs.5,000 each and the learned Illaqa/Judicial Magistrate, D.I. Khan was authorised to recover the penalty…

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