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MUHAMMAD INAYAT versus THE STATE


Criminal Procedure Code (CCPC) Section 141414 presented before court on bail bond confiscation

1985 P Cr. L J 1258

[Lahore]

Before Muhammad Munir Khan. J

MUHAMMAD INAYAT‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Revision No.727 of 1984, heard on 26th January, 1985.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S.514‑‑Forfeiture of surety bond‑‑Accused produced before Court‑ Penalty of forfeiture of bond reduced from Rs.10,000 to Rs.1,000.

Malik Abdul Majid Khan for Petitioner.

Sarfraz Hasan for the State.

Date of hearing: 26th January, 1985.

JUDGMENT

This facts giving rise to this revision are that a case under the Hudood Ordinance was registered against Hira accused. He was allowed bail subject to furnishing bail bonds in the sum of Rs. 10,000 with one surety to the satisfaction of Assistant Commissioner, Narowal. On 25‑10‑1980 Muhammad Inayat petitioner executed bail bonds. The accused was accordingly released. The case was entrusted for trial to the learned Additional Sessions Judge, Sialkot. Hira accused did not appear before the Court, so, the learned Additional Sessions Judge forfeited the bonds and issued warrants for the attachment of the property of the petitioner vide his order, dated 16‑10‑1984, hence this revision.

2. The learned counsel has not challenged the forfeiture of the bonds. He requested for reduction in the amount to be recovered from the petitioner. Learned counsel for the State has opposed this request.

3. I have considered the matter carefully. I find that by now the accused has been produced before the Court. That being the position, I feel inclined to reduce the penalty from Rs.10,000 to Rs.1,000 only. The petitioner shall deposit Rs. 1,000 with the learned Additional Sessions Judge within a month failing which the learned Judge may take appropriate action against the petitioner for the recoveries of Rs.1,000 only.

M. A. K. Order accordingly.

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