Law: Criminal Procedure Code (V of 1898)

Section: 514,439

Law: Penal Code (XLV of 1860)

Section: 400/401/402/468/411

Criminal Procedure Code (V of 1898)    - Ss. 514 439 Penal Code (XLV of 1860), Ss.400/401/420/468/411 Petitioners had stood sureties for the accused and executed bail bonds in the sum of Rs.80,000 for the attendance of the accused before the Court of the Judicial Magistrate When summoned, accused had failed to attend the Court to face trial, therefore, the petitioners had been called upon to show cause as to why they should not be proceeded against under S.514 Cr.P.C. and the amount of bail bonds be realized from them Additional Sessions Judge had forfeited the amount of bail bonds and directed each of the petitioners to deposit Rs.80,000 Validity Perusal of bail granting order showed that the petitioners were liable to pay Rs.80,000 but since they had stood sureties on humanitarian grounds only and had not taken any, benefit out of the sureties bonds. Therefore, the impugned order of the Additional Sessions Judge was too harsh Criminal revision was accordingly allowed and the sureties amount was reduced to half, equivalent to Rs.40,000 which was to be recovered from the petitioners in accordance with law.    Muhammad Amin Khattak Lachi for Petitioner.   Muhammad Jamil Qamar for the State.   Date of hearing: 11th December, 2002. JUDGMENT Petitioners Gulzar Khan arid Naseeb Gul stood sureties for Accused Muhammad Akram involved in a case registered vide. F.I.R. No 617, dated 16 11 1996 under sections 400/401/420/468/411, P.P.C. read with section 13, Arms Ordinance and section 14, Islamic Law at Police Station Saddar, Kohat. They had executed bail bonds in the sum of Rs.80,000 for the attendance of the accused before the Court i.e. the earned Judicial Magistrate, Kohat,, When summoned, the accused 4uhammad Akram failed to attend the Court to face trial, therefore, the Petitioners were called upon to show as to why they should not be proceeded against under section 514, Cr.P.C. and the amount of bail bonds be realized from them. The learned Additional Sessions Judge II, Kohat vide his order dated 21 8 2002 forfeited the amount of bail bonds and directed each of the petitioners to deposit Rs.80,000 (each) till 5 9 2002. Feeling…

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