KHAWAJA MUHAMMAD SHARIF, J.--- It is a revision petition against the impugned order whereby the learned Additional Sessions Judge has imposed full surety amount on the sureties/petitioners who had failed to produce accused Shah Barat and Akhtar Muhammad, involved in a murder case.
2. Learned counsel for the petitioners, in support of this petition, contends that both the accused had died due to the blast of a land mine, they wanted to produce evidence before the learned trial Court but were not afforded opportunity and passed the impugned order.
3. Heard. Petitioners stood surety for accused Shah Barat and Akhtar Muhammad who were accused in a murder case and were allowed bail after arrest by this Court. When the challan was submitted and when they were summoned to face the trial, both accused Shah Barat and Akhtar Muhammad did not appear upon which proceedings were initiated against the sureties/petitioners. The petitioners took up the plea before the learned trial Court that both the accused, had died due to the blast of a land mine, they wanted to produce evidence before the learned trial Court but were not afforded opportunity. But the fact remains that both the accused were residents of Afghanistan and after their release on bail they must have gone to Afghanistan.
The stand taken by the petitioners before the learned trial Court as well as before this Court does not appeal to reason as they have failed to produce any evidence in support of the said vehement contention. In the afore-referred circumstances I am of the affirmed view that there is no illegality, irregularity or jurisdictional defect to warrant interference with the impugned order in the revisional jurisdiction of this Court which is a speaking and legal one, so, this petition has no merit and is accordingly dismissed. A copy of this order shall be transmitted to the learned Additional Sessions Judge within four days from today. The petitioners are directed to deposit the surety amount within a month from today failing which they shall be taken into custody and the said amount of surety shall be received as arrears of land revenue.