' MUHAMMAD TARIQ ABBASI, J.---Through the instant Revision Petition, the orders dated 13-3-2013 and 25-4-2013 passed by the learned Special Judge (Central), Multan have been called in question.
2. The learned Deputy Prosecutor General, who is available before the Court, has been called, who has joined into the proceedings.
3. The facts, leading to the instant revision petition, are that in a bail application filed by Muhammad Imran Shazi, before the learned Special Judge (Central), Multan, Muhammad Abid Rasheed (present petitioner) stood surety of the above named accused. Subsequently, the accused absented himself from the Court on 13-3-2013, hence his bail was dismissed in default and notice under section 514, Cr.P.C. Was issued to the surety (present petitioner) and then through order dated 25-4-2013, attachment of the property of the petitioner through Collector was directed.
4. It has been observed that the learned Trial Courts are not carrying on the proceedings, under section 514 of Cr.P.C. As per the prescribed criteria. Hence not only the orders passed by the said Courts are set aside by the higher forum(s), but also nasty(s) succeeds in getting undue advantage/concession. Therefore, for proper care and caution, by the learned Trial Courts, in initiating and carrying on the proceedings under section 514 of Cr . P. C . , is required.
5. For guidance and perusal, the above mentioned provision is reproduced herein below:-- "Procedure on forfeiture of bond.---(1) Whenever it is proved to the satisfaction of the court by which a bond under this Code has been taken, or of the Court of a Magistrate of the First Class, or when the bond is for appearance before a Court, to the satisfaction of such Court, that such bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof, or to show cause why it should not be paid.
(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same by issuing a warrant for the attachment and sale of the movable property belonging to such person or his estate if he be dead.
(3) Such warrant may be executed within the local limits of the jurisdiction of the Court which issued it; and it shall authorize the attachment and sale of any movable property belonging to such person without such limits, when endorsed by the District Officer (Revenue) within the local limits of whose jurisdiction such property is found.
' If such penalty is not paid and cannot be recovered by such attachment and sale, the person so bound shall be liable, by order of the Court which issued the warrant, to imprisonment in the civil jail for a term which may extend to six months.
(5) The Court may at its discretion, remit any portion of the penalty mentioned and enforce payment in part only.
(6) Where a surety to a bond dies before, the bond is forfeited, his estate shall be discharged from all liability in respect of the bond.
(7) When any person who has furnished security under section 107 or section .118 is convicted of an offence the commission of which constitutes a breach of the conditions of this bond, or of a bond executed in lieu of his bond under section 514-B, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety, or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved."
6. From the above mentioned provision, it can safety be determined that for the proceedings under section 514 of Cr.P.C., the following procedure should be adopted:--
(i) Cancellation and forfeiture of the bail bonds in favour of the State.
(ii) Issuance of show-cause notice to the surety that why penalty of the forfeited amount of bail bonds may not be imposed against, and recovered from him.
(iii) If the reply to the show cause notice is made or not made without any justification, then on the basis of the attending facts and circumstances, an order towards imposition of the penalty or otherwise should be passed.
(iv)For recovery of the penalty amount, if imposed, the proceedings towards attachment and sale of the movable property of the surety should be carried on.
(v) If the surety does not have any movable property and fails to make payment of the penalty amount, then he can be sent to the civil jail for a term which may extend to six months.
7, In the situation in hand, it has been found that the learned Special Judge (Central), Multan has not cancelled and forfeited the bail bonds, but has directly issued the notice under section 514, Cr.P.C. And without making any struggle for reply to the show cause notice, has firstly issued a warrant for attachment of the property of the surety/petitioner and then without waiting for the same has also issued bailable warrant of arrest against the surety/petitioner.
8. In the light of the above quoted provision and the criteria, the impugned orders could not be termed justified. Hence while accepting the instant revision petition, the impugned orders are set aside with a direction to the learned court concerned to carry on the proceedings, strictly as per the above mentioned procedure/criteria. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.