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Criminal Revision No. 413 of 1963, decided on 18th July 1968.
S. 514‑--forfeiture of bond‑--Surety bond for Rs. 1,000‑‑Sum of Rs. 800.0() forfeited by trial Court‑Reduced to Rs. 150 only.
Sardar Khan v. Crown P L D 1952 Lah. 645 rel.
Jariullah Khan for Petitioner.
Ch. Muhammad Ashraf for the State.
The case State v. Muhammad Sarwar was pending in the Court of Malik Jahangir Khan, M. I C., Layallpur, under section 61 of the Excise Act of 1914. The petitioner had stood surety in that Court for producing the accused at every hearing and had executed a surety bond, in the sum of Rs. 1,000. On the 20th of October, the accused failed to appear and the case had to be adjourned on that account to the 10th November 1962, 27th of December 1962, and to some other dates. The petitioner had been called upon to arrange for the appearance in the Court of the accused, but he was unsuccessful. He was ultimately given the notice under section 514 of the Cr. P. C. arid under the orders dated the 15th of March 1963, a sum of Rs. 800 out of the amount of Rs. 1,000 mentioned above, was forfeited to the State. The petitioner has come in revision after his appeal to the District Magistrate had failed. The revision petition had been admitted by this Court on the 17th of May 1963, for the reduction of the amount,
2. I have heard the learned counsel for the petitioner and also the State. The petitioner's counsel placed his reliance on P L D 1952 Lah. 645 in which in a similar case a sum of Rs. 250 was forfeited to Government while the bond was for a sum of Rs. 5,000. It was laid down that the provisions regarding bail were an essential part of our system of the administration of justice and that the persons who are coming up as sureties are help ful not only to the persons who are released on the surety bonds also assist the administration of justice, and also relieve the State of some financial burden occasioned by it keeping the accused in the judicial lock‑tip. In the circumstances, that amount forfeited is reduced to Rs. 250 only. The petition for revision is accepted to that extent only.
Petition accepted.
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