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Criminal Revision No. 136 of 1980. decided on 11thOctober, 1980.
---S. 514--Bail bond, forfeiture of-District Criminal Court consisting of two members to deal with matter but order forfeiting bail bond, having passed by Sessions Judge alone-Order, held, passed without jurisdiction and set aside, in circumstance.-[Forfeiture of bail bond --Jurisdiction].
Manzoor-ul-Nassan for Petitioner.
Rafique Mahmood Khan, Addl. A.-G. for the State.
Date of institution: 10th August, 1980.
The learned counsel were heard. In a case under section 9 of the offences Against Property (Enforcement of Hudood) Ordinance, now pending in the District Criminal Court Muzaffarabad, Muhammad Sadiq accused was granted bail by that Court vide its order dated 31-5-1980. During the proceedings before the trial Court the accused absented himself from appearing before the trial. Court. He was released on bail furnished by Muhammad Zaman, the petitioner. On default committed by the accused in not attending the Court as undertaken by the surety, the amount of bail bond was forfeited and a show cause notice was issued to him to appear before the trial Court to show as to why amount of bail forfeited should not be realized from him. In answer to the show-cause notice objections were filed by the surety which were heard by the Sessions Judge alone and not by the trial Court and thus the matter was disposed of by the Sessions Judge singly by his order dated 12-7-1980 by which his objections were overruled and the surety was directed to make payment of the penalty imposed by order dated 12-7-1980. Sessions Judge alone in the instant case did not compose the Court so as to deal with the matter as required by section 514, Cr. P. C. It was District Criminal Court consisting of two members to deal with the matte but it failed to do so and the Sessions Judge without jurisdiction passed the impugned order.
That being so, this revision petition is accepted and the impugned order is hereby set aside.
Revision allowed.
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