' SHAHID HAMEED DAR, J.---Through this revision petition, the petitioners have called in question the validity of order dated 20-5-2010 passed by learned Additional Sessions Judge, Sheikhupura, whereby, the petitioners who stood sureties for accused Mazhar Ali alias Azhar in case F.I.R. No,218 of 2007 dated 25-3-2010 under section 302/34 P.P.C., Police Station Bhikki, District Sheikhupura, have been ordered to make payment of Rs,1,00,000 each on account of for feiture of the bail bonds, submitted by them, within seven days of the order, otherwise, their properties be attached by DDO (Revenue ) for deposit of the bond amount in Government Treasury under section 514, Cr. P.C.
2. Learned counsel for the petitioner contends that the petitioners are illiterate and poor tillers of the land with small holdings who had stood sureties for the accused Mazhar Ali alias Azhar out of benevolence and humanitarian consideration and not for any monetary or personal gains but in any case, as the said accused had absconded in a murder case and pursuant thereto he had been declared a proclaimed offender, hence, it was not humanly possible for the rugged and simple villagers, like the petitioners to go after the run-away accused so they should not have been taken to task and the forfeiture of full bond amount, submitted by them, vide impugned order, was intolerably harsh, unjust and backbreaking.
3. On the other hand learned Additional Prosecutor-General has controverted the arguments of the learned counsel for the petitioners and submits that the petitioners must be dealt with dynamically as they had opted to be the sureties of such a criminal character who had no respect and belief in the process of law and the courts; the petitioners had failed to discharge their duties as sureties and only due to their negligence the above said accused had absconded and become a fugitive from law.
4. I have given my anxious considerations to the submissions made by the learned counsel for the petitioners and the State.
5. Admittedly, the accused Mazhar Ali alias Azhar, for whom the petitioners had stood sureties is a fugitive from law in a murder case and he has been declared a proclaimed offender by the learned trial Court and in this situation, it was literally impossible for the petitioners to pursue/chase him to trace his whereabouts so as to make his presence possible before the learned trial Court. The sureties who give a look of the persons of limited means and low profile cannot be believed to launch any successful operation to dig out the exact/present particulars of the accused, overpower him and compel him to surrender before a court of law for facing the trial. Even the government machinery, with all its power and mobility has been unsuccessful in hauling up the said accused to bring him to the test of law. But it does not mean that the petitioners had no knowledge of the antecedent of the said accused or that of their own economic strength. They had happily and readily offered themselves to be the sureties of a criminal character and in that capacity had submitted the bail bonds worth Rs,1,00,000 each merrily, to secure the release of the above said P.O from the prison. So, the petitioners' liability as sureties cannot be denied. The learned Additional Sessions Judge has rightly concluded that the petitioners had failed to discharge their obligations as sureties so they were liable to pay penalty under the law. The forfeiture and infliction of penalty to the tune of Rs,1,00,000 each is however, a bit harsh, therefore, keeping in view the attending circumstances of this case, this court is inclined to reduce the penalty amount to Rs,60,000 each instead of Rs,1,00,000 each, which is accordingly done and the amount of surety bond is reduced to Rs,60,000 each against the petitioners, to meet the ends of justice.
6. The petitioners are directed to deposit the aforesaid penalty amount i.e, Rs,60,000 each, in the Treasury within 30 days from today, otherwise, it shall be recovered by the learned trial Court as land revenue under the relevant la.
' Disposed of.
Penalty reduced.