1. SH. ABDUL RASHID, J. - Through this petition the order dated 30.10.2006 passed by the learned Addl.
2. Sessions Judge in. Case F.I.R. No.- 279/05, darted 27.12.2005, under Sections 342/379/337- H(ii)/T09/148/149, P.P.C, registered at Police Station, City Renala Khurd, District Okara, whereby, the petitioner surety has been burdened to pay entire surety amount of Rs. 50,000/- has been assailed.
3. The petitioner stood surety for Muhammad Atif accused in the subject case F.I.R, and submitted bail bonds in the sum of Rs. 50,000/r for appearance of the accused before the learned Court on each and every date on 7.1.2006 the accused did not appear before the Trial Court and consequently the impugned order had been passed.
4. 2 It is pleaded on behalf of the petitioner that due to compromise between the complainant and, the accused ,for whom the petitioner stood surety the cade was cancelled and due to said misunderstanding the accused did not appear and the learned Addl. Sessions Judge while passing the impugned order did not. Issue proper notice to the petitioner and did not collect the true facts on the file for proper adjudication of this case.
3. The impugned order reveals that it had been passed ex parte and the petitioner's point of view has not been considered, therefore, the impugned order is set aside and the matter is remanded to the learned Addl. Sessions Judge for re-hearing the case after giving due hearing to the petitioner.