Law:

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Criminal Procedure Code, 1898 (V of 1898)-- ----S. 514--Pakistan Penal Code, 1860 (XLV of 1860)--Ss. 364, 302, 109 & 34--Forfeiture of bail bonds--Petitioner's liability as surety was not denied--Accused was absent when the case was called for hearing on fixed date--Petitioner could not be burdened with penalty was not acceptable under the law--Question of--Whether in the facts and circumstances of the case the learned Additional Sessions Judge was justified in imposing the full amount of surety and recovering the same from the petitioner, needs consideration--No allegation against the petitioner that he was either instrumental in the abscondence of the accused or that he stood surety for some financial gain, therefore, recovery of full amount of surety from the petitioner was not legally justified--Admittedly--Accused absented himself on fixed date of hearing when case was called out and he appeared on the same afterwards and was sent to jail--Accused had now been released from Jail on acceptance of his fresh bail bonds--Revision petition partly allowed. [P. 581] A Order Through this Criminal Revision, the petitioner has challenged the order dated 15.12.2006 passed by learned Additional Sessions Judge, Kehror Pakka imposing penalty of Rs. 1,00,000/- on the petitioner being surety in case FIR No. 181 dated 30.5-2003 under Sections 364, 302, 109, 34 PPC P.S Saddar Kehror Pakka. 2. The facts in brief are that Ramzan who is an accused in the above mentioned case, was allowed bail by this Court subject to his furnishing bail bond in the sum of Rs. 1,00,000/- and petitioner stood surety for him. It so happened that said accused absented during the trial, resulting in forfeiture of his surety by the learned trial Court and issuance of notice under Section 514 Cr.P.C. to the petitioner/surety. The petitioner filed reply to the said notice stating therein that said accused was absent when the case was called, however, after a few minutes he entered appearance before the trial Court on the same date i.e. 29.11.2006 but the learned trial Court sent him to jail after forfeiting the surety bonds, whereafter, the said accused was released on his furnishing fresh bail…

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