Law: Criminal Procedure Code (V of 1898)

Section: 514

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)     S. 514 Constitution of Pakistan (1973), Art.199 Constitutional petition Forfeiture of bail bond Auction of immovable property of surety Accused for whom surety had executed bail bond having absconded, bail bond of surety was forfeited and immovable property of surety was ordered to be auctioned Petitioner was successful bidder and property was entered in his name Surety being aggrieved by said auction, preferred revision before Sessions Judge which was allowed and order of auction of property was set aside and property was ordered to be restored to the surety as he fulfilled his obligation by producing the accused before the Trial Court Section 514, Cr.P.C. provided that only the movable property of surety could be attached and sold to recover forfeited .amount of bond and not immovable property Order of attachment and sale of immovable property of surety having been passed in violation of provisions of S.514, Cr.P.C., auction of property of surety, would not confer any valid/legal title or right in favour of the petitioner/auction purchaser and his claim being based on an illegal order, could not be enforced at all Petitioner could only approach the competent Court for refund of amount deposited by him for purchase of property in auction Constitutional petition being devoid of any substance was dismissed   Anwar ul Haq for petitioner.   Asstt. A. G. for Respondents.   Date of hearing: 5th October, 2002. JUDGMENT MUHAMMAD NADIR KHAN, J.The petitioner feeling aggrieved by order, dated 12 12 2001 approached this Court invoking its jurisdiction under Article 199 of the Islamic Republic of Pakistan, 1973. 2. The grievance of petitioner is that he is purchaser of property of surety who filed surety bond in sum of Rs.50,000 in favour of one accused Saifullah, who was facing trial before Judicial Magistrate, Dhadar and subsequently jumped the bail bonds on which the same was forfeited and the property of the surety was ordered to be auctioned for which the petitioner made his bid and was declared successful. The; property was accordingly entered in his name. It is contended that respondent No.1…

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