Impugned
order passed by the Trial Court was not sustainable on two grounds;
firstly that order of forfeiture of. surety bond was passed when surety
was no more alive and same having been passed in violation of S.514(6),
Cr.P.C., was not sustainable; secondly, penalty could be imposed upon
the surety only when it was proved that absence of accused from the
court was intentional and was not for the reason beyond the control of
accused
S. 514---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3/4---Forfeiture of surety bond---Applicant stood surety for accused and executed surety bond in the sum of Rs.5,00,000---Accused having failed to appear in the court on date of hearing, the Trial Court issued notice to applicant/surely under S.514, Cr. P. C., but prior to service of notice, applicant/surety died---Widow of the surety appeared before the court submitted that her husband had died and she was a poor lady and requested for return of the bond amount deposited by her deceased husband in the court, but the Trial Court did not agree with the submission of the widow and imposed penalty of half the amount of surety bond viz. Rs.2,50,000---Trial Court. further ordered that the remaining half amount along with interest be returned to the 'widow of the applicant/surety---Validity---Impugned order passed by the Trial Court was not sustainable on two grounds; firstly that order of forfeiture of. surety bond was passed when surety was no more alive and same having been passed in violation of S.514(6), Cr.P.C., was not sustainable; secondly, penalty could be imposed upon the surety only when it was proved that absence of accused from the court was intentional and was not for the reason beyond the control of accused---In the present case it had come on record that accused was taken to U.S.A. and was detained there and he could not attend the court---Absence of accused being for the reason beyond his control, no penalty could have been imposed upon applicant/surety, even on that count---Impugned order was set aside with the direction that bail amount of Rs.5,00,000 lying in the court be paid to widow of the surety on production of succession certificate from the competent court of law.
S. 514---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3/4---Forfeiture of surety bond---Applicant stood surety for accused and executed surety bond in the sum of Rs.5,00,000---Accused having failed to appear in the court on date of hearing, the Trial Court issued notice to applicant/surely under S.514, Cr. P. C., but prior to service of notice, applicant/surety died---Widow of the surety appeared before the court submitted that her husband had died and she was a poor lady and requested for return of the bond amount deposited by her deceased husband in the court, but the Trial Court did not agree with the submission of the widow and imposed penalty of half the amount of surety bond viz. Rs.2,50,000---Trial Court. further ordered that the remaining half amount along with interest be returned to the 'widow of the applicant/surety---Validity---Impugned order passed by the Trial Court was not sustainable on two grounds; firstly that order of forfeiture of. surety bond was passed when surety was no more alive and same having been passed in violation of S.514(6), Cr.P.C., was not sustainable; secondly, penalty could be imposed upon the surety only when it was proved that absence of accused from the court was intentional and was not for the reason beyond the control of accused---In the present case it had come on record that accused was taken to U.S.A. and was detained there and he could not attend the court---Absence of accused being for the reason beyond his control, no penalty could have been imposed upon applicant/surety, even on that count---Impugned order was set aside with the direction that bail amount of Rs.5,00,000 lying in the court be paid to widow of the surety on production of succession certificate from the competent court of law.
2008 YLR 2699 KARACHI-HIGH-COURT-SINDH
Side Appellant : ABDUL SATTAR
Side Opponent : State
Side Appellant : ABDUL SATTAR
Side Opponent : State
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