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Criminal Revision No. 911 of 1973, decided on 21st November, 1982.
--S. 514---Surety bond, forfeiture of-Petitioner's surety bond for feited by Appellate Court on accused's failure to appear before such Court-Petitioner issued notice but he failed to appear in Court and ex parte orders passed for recovery of his bond-No illegality, held, could be found with order of Court-Convict appellant however, absented himself only on one date-Amount of bond to be recovered reduced from Rs. 2,000 to Rs. 500 in circumstance.
Ch. Muhammad Ashraf Azeem for Appellant.
C. M. Latif for the State.
Date of hearing: 21st November, 1982.
Muhammad Amir accused was convicted under section 14 of Act 1 of 1961. He filed appeal against it and his sentence was suspended Muhammad Shafi petitioner stood surety for his release on bail in appeal Muhammad Amir failed to appear before the learned Sessions Judge, Layallpur on 6th July, 1973 when bail of Rs. 2,000 was forfeited and notice was sent to the petitioner under section 514, Cr. P. C. to appear and answer on 20th September, 1973. Petitioner failed to appear in Court, when the learned Sessions Judge in ex parse proceedings, by order passed on 20th September, 1973, directed recovery of total amount of the bail bond from petitioner. Petitioner moved an application against it, which was rejected on 20th October, 1973, Petitioner has filed the present revision against recovery of his bond.
2. The convict appellant failed to appear only on one date. He was subsequently acquitted in appeal. Petitioner explained his failure to appear before the learned Sessions Judge in his application which was rejected subsequently on 20th October, 1973. The learned Sessions Judge did not go into the relationship of the petitioner with the convict for whom petitioner had stood surety. Provisions of section 514, Cr. P. C. were also not fully complied with. I find that petitioner failed to appear on the date on 20th September, 1973 and no illegality can be found against that order of the learned Sessions Judge because it is not the case of the petitioner that convict did appear on that date. In the circumstances the order forfeiting the bond is maintained but the amount of bond to be recovered is reduced from Rs. 2,b00 to Rs. 500. The revision is partly accepted to this extent.
S. G. D. Order accordingly.
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