Petitioner Nisar Ahmad through the instant petition has challenged the order dated 13.4.2005 passed by the learned Additional Sessions Judge, Faisalabad whereby he confiscated the surety bond and ordered to pay the surety amount in each case i,e, Rs, 25,000/- + Rs, 25,000/- to the State.
2. Learned counsel for the petitioner contends that the petitioner is a poor person and has no source at all the to pay the said surety amount which is too harsh; that the petitioner stood surety on the humanitarian basis and that the absence of the accused was not wilful as the accused appeared before the Court in which he submitted the bail bonds. On the other hands learned AAG opposed the instant petition.
3. Arguments heatd. Record perused.
4. The petitioner is a poor illiterate person who stood surety for Muhammad Pervaiz and Nisar out of benevolence and humanitarian considerations and not for any monetary personal gain. Further taking into the consideration that the accused Muhammad Pervaiz and Nisar appeared were subsequently acquitted by the trial Court before passing the impugned order.
5. Keeping in view that the absence of both the accused was not intentional but due to bonafide Mistake, subsequent their arrest and acquittal by the trial Court, coupled with the fact that the petitioner stood surety for not any personal gain, I reduce the forfeited amount from Rs, 25,000/- to Rs, 5000/- each The petitioner shall deposit the forfeited amount within two weeks with the concerned Court.
6. With the above modication, this petition is dismissed.