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Criminal Revision No. 174 of 1981, decided on 26th June, 1983.

---S. 514--Petitioner a surety, executing bond in sum of Rs.15,000 for appearance of accused in Court---Accused absconded--Surety bond confiscated--Petitioner ordered to deposit Rs.8,000 as penalty Appeal dismissed by District Magistrate--No monetary consideration for standing surety nor absconder encouraged by him to abscond Fine imposed on petitioner, held, was harsh in peculiar circumstances of case hence amount of fine was reduced from Rs.8,000 to Rs.3,000.

Allah Dad v. The State 1981 P Cr. L J 1184 rel.

Moinuddin Chaudhry for Petitioner.

Naseem Rashid for Respondents.

Briefly the facts leading to this revision are that one Manzoor son of Chakar being in custody was facing trial in the Court of Magistrate Section 30, Sahiwal, in a case under section 411/457/75, P.P.C. of Ghaziabad Police Station, Haitam, petitioner, stood surety for above-mentioned Manzoor and executed bond in the sum of Rs.15,000, binding him down that Manzoor shall keep appearing in Court till conclusion of his trial, failing which he shall pay the amount of the surety bond as penalty.

2. It so happened that Manzoor Ahmad, accused, absconded on 27-2-1980. Consequently surety bond of the petitioner was confiscated and a notice was issued to him to show cause why the amount of bond should not be recovered from him. He sought sometime to produce A Manzoor in Court but failed to do so. Ultimately, the learned trial Court by its order, dated 21-6-1980 in view of old age of the petitioner directed him to pay a sum of Rs.8,000, as penalty for the forfeited surety bond. Against this order an appeal was preferred before District Magistrate, Sahiwal which was dismissed vide order, dated 17-1-1981 hence this revision petition.

3. Learned counsel for the petitioner has only prayed for reduction in the amount of penalty imposed by tltb lower Court. He relied on Allah Dad v. The State 1981 P Cr. L J 1184.

4. It does not appear from the record that the petitioner had offered to stand surety of Manzoor, accused absconder for any monetary consideration or that he encouraged him to abscond. Therefore, it seems that the petitioner motivated by sheer feeling of fellow-being B had stood as surety of the accused absconder. In peculiar circumstances of the case I find that the fine imposed on the petition is harsh. I am persuaded, therefore, to reduce the same from Rs.8,000 to Rs.3,000 (Rupees three thousand only). The petitioner is directed to pay this amount within two months from today, in the Court of trial Magistrate.

5. With the above modification, this petition stands disposed of. The file should immediately be sent down for taking up recovery proceedings, according to law.

S. A . Order accordingly.

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