1. ' Mr. Arshad Mehmood Advocate undertakes to file his Vakalatnama for complainant.
2. ' Heard learned counsel for the parties.
3. ' Learned counsel for the applicant/surety has cited "Nawazo v. The State" (2004 SCM R 563) wherein Hon'ble Supreme Court of Pakistan was pleased to observe as follows vide para. 6:- "It is to be seen that section 502, Cr.P.C. Regulates the procedure for discharging of surety and in view of the facts and circumstances of instant case, subsection (3) of section 502, Cr.P.C. Is applicable. Because once the accused persons have appeared or their appearance have been caused by the petitioner along with application, making request to discharge the surety bonds, the Court may have taken them into custody with direction to them to furnish fresh surety bonds.
4. Unfortunately, the provisions of subsection (3) of section 502, Cr.P.C. Were not complied with as a result whereof the accused persons made their escape good because when the notice was issued to them, the case was adjourned and the apprehension which was expressed by the petitioner in the application proved to be correct and they made their escape good for which they were already preparing. Therefore, under these circumstances, we are of the opinion that after the submission of application, it was not the responsibility/duty of the petitioner to again produce the accused person before the Court for the disposal of the application. In such-like cases, decision is required to be taken expeditiously because if the time is allowed to accused, then they are bound to take undue benefit as it had happened in this case."
5. Learned counsel for surety has also filed a certified copy of the diary sheet maintained by the learned trial Court for the dates of 11-12-2003 and onwards which indicate that the surety/applicant having produced the accused of the case before the trial Court had applied to discharge him as such yet learned trial Court did not pass any order on such a request made by the surety/ applicant.
6. ' Accordingly, following the dictum laid down by the Hon'ble Supreme Court as quoted above, this Criminal Revision Application is hereby allowed and the impugned order of the trial Court is set aside. The surety stands discharged and the surety documents may be returned back to him.