Law:

Section:

Criminal Procedure Code (V of 1898)---Ss. 514 & 502 Penal Code (XLV of 1860), S.302/34 Constitution of Pakistan (1973), Art.185(3) Forfeiture of surety bond Once the accused had appeared or their appearance had been caused by the petitioner alongwith the application making request to discharge the surety bonds, Court might have taken them into custody with direction to them to furnish fresh surety bonds Provisions of subsection (3) of S.502, Cr.P.C. were not complied with, as a result whereof the accused had made their escape good because when the notice was issued to them the case was adjourned and the apprehension expressed by the petitioner in his application regarding their abscondence proved to be correct ¬After submission of the said application it was not the responsibility of the petitioner to again produce the accused persons before the Court ¬Decision in such like cases was required to be taken expeditiously, because if time was allowed to accused they were bound to take undue benefit of the same, as happened in the instant case Petition for leave to appeal was converted into appeal and allowed in circumstances and the impugned orders passed by High Court and Trial Court directing the petitioner to pay the full surety amount of Rupees six lacs as penalty were set aside. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J. This petition for leave to appeal has been filed against the judgment dated 16th September, 2002, passed by High Court of Sindh, Circuit Bench at Sukkur, whereby criminal revision filed by petitioner has been dismissed. 2. Precisely stating the facts of the case are that petitioner Nawazo stood surety for Aadat, Jani and Jaffar who are accused in a murder case vide F.I.R. No.51 of 2000 lodged with Police Station Khanpur Mahar. He moved an application to the trial Court on 3rd December, 2001 that the accused are likely to abscond as such they be taken into custody. Since the trial Court failed to take them into custody, therefore, they made their escape good. Subsequently, the petitioner was directed by the trial Court vide order dated 20th March, 2002 to pay the full surety amount of Rs.6,00,000 (six lacs). Petitioner challenged the said order…

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