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Criminal Revision No.921 of 1969, decided on 17th March, 1985.

‑‑‑S.514‑‑West Pakistan Control of Goondas Ordinance (XXXV of 1959), S. 16(4)‑‑Violation of terms of bail bond‑‑District Magistrate on direction of Summary Military Court blindly ordering recovery of amount of bond, without complying with provisions of S.16(4), West Pakistan Control of Goondas Ordinance, 1959 and S. 514, Criminal Procedure Code, on plea that order of Summary Military Court was alone to be implemented‑‑Order of District Magistrate, held, misconceived and illegal‑‑Order set aside and case remanded to him for necessary action in accordance with law.

N. A. Shami for Petitioners.

Hamid Ali for the State.

This is revision petition by Mansha and another petitioners, against the order of the District Magistrate, Sheikhupura, dated 1‑7‑1969, ordering the recovery of the amount of Rs.40,000 on surety bonds executed by the two petitioners in the amount of Rs.20,000 each for the good behaviour of one Noor Muhammad son of Haji Hussain, in pursuance of an order passed by the District Magistrate, Sheikhupura, dated 4‑11‑1968 under section 13/14 of the West Pakistan Control of Goondas Ordinance, 1959.

2. I have heard the arguments of the learned counsel for the petitioners and the State and have also perused the record. It appears that the two petitioners had stood sureties for the good behaviour of Noor Muhammad, as stated above in respect of a case against that accused under section 13/14 of the West Pakistan Control of Goondas Ordinance, 1959. During the subsistence of the said bond, the said accused Noor Muhammad was convicted under M.L.R. No.1l by a Summary Military Court, ‑Sheikhupura, in case F.1.R. No.57, dated 8‑4‑1968 lodged at Police Station Khanqah Dogran. He was sentenced to one year's regorous imprisonment in the said case. Pursuant to information being laid before the Summary Military Court that the accused Nisar Ahmad had violated the terms of the bond earlier given under the West Pakistan Control of Goondas Ordinance, 1959, the Summary Military Court directed the District Magistrate, Sheikhupura, to have the amounts recovered from the present petitioners on the bonds furnished by them. The District Magistrate, Sheikhupura, instead of complying with the provisions of section 16(4) of the West Pakistan Control of Goondas Ordinance, 1959, read with section 514 of the Code of Criminal Procedure, just blindly ordered the recovery of the amounts of the bond from the petitioners on the basis that the order of the Summary Military Court was alone to be implemented. This order is misconceived. The District Magistrate, Sheikhupura, could only have taken action under section 16 of the West Pakistan Control of Goondas Ordinance, 1959, read with section 514 of the Code of Criminal Procedure in the said matter. In these circumstances, the impugned order of the District Magistrate, dated 1‑7‑1969 is illegal.

2‑A. For the foregoing reasons, this petition is accepted and the order of the District Magistrate, Sheikhupura, dated 1‑7‑1969, is set aside. The case is remanded to the District Magistrate, Sheikhupura, B for necessary action against the petitioners, as is available under section 16 of the West Pakistan Control of Goondas Ordinance, 1959, read with section 514 of the Code of Criminal Procedure.

M. Y. H. Case remanded.

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