ABDUL MAALIK GADDI, J. Through this Criminal Revision Application, the applicant has assailed the legality and propriety of the order dated 26,12.2018, passed by the learned IInd Additional District and Sessions Judge, Karachi East in Sessions Case No. 1309/ 2014, registered under Sections 302, 201, 34, P.P.C. of Crime No. 433/2013 of Police Station KIA, Karachi East, whereby, the trial Court after hearing the applicant/surety, passed impugned order by imposing half amount of surety bond as penalty upon the surety with direction to pay the same within the period of 30 days with the Accountant of the District and Sessions Court, Karachi East, otherwise surety's documents viz. Defense Savings Certificate lying on the record be encashed and fine of amount of Rs.100,000/ - (Rupees One Lac) be deposited in the proper Government Head while remaining half amount along with profit, if any, be returned to the surety after proper verification and under receipt.
2. The background of filing of this Criminal Revision Application are that on 22-09.2015, Ms. Sarwar Mai stood surety for the accused Dur Muhammad and executed the surety bond of Rs.200,000/- (Rupees Two Lacs) and bounded herself that the accused will join the Court on each and every date of hearing in the above mentioned case. Thereafter accused Dur Muhammad did not appear before the trial Court on 20.10.2018 and 27.10.2018. As such his bail bond was cancelled on 27.10.2018 and notice to surety and NBW against the accused was ordered. Subsequently, on 09.11.2018, accused Dur Muhammad voluntarily appeared before the trial Court and requested for the condonation of absence for the said period stating that he was not aware about the above dates of hearing but his requested was declined by the trial Court and accused was remanded to Jail.
3. It also appears from the record that after full dressed trial, accused Dur Muhammad son of Atta Muhammad was convicted and sentenced to life imprisonment on 17.12.2018 and presently the said accused is in Central Jail, Karachi to serve out the sentences as awarded to him by the trial Court.
4. Learned counsel for the applicant submits that since the accused Dur Muhammad has already been convicted and sentenced to life imprisonment and is in Central Prison, Karachi to serve out the sentence as awarded to him. Whereas, Ms. Sarwar Mai (present applicant) is real sister of accused Dur Muhammad and she stood surety for him as he was her real brother.
5. It is contended by the learned counsel for the applicant that surety is a maidservant and working in different houses to earn her livelihood. He further argued that amount of Rs.200,000/- deposited by the surety for her real brother, which she had borrowed from her close relatives and if her application for return of surety is not allowed, she will face worst financial hardship, hence he prayed for setting aside of the impugned order in relation to surety amount and be pleased to order for return of Defense Savings Certificate amount to Rs.200,000/- to the surety.He further submits that only two dates of hearing, accused did not appear before the trial Court and applicant has not received any show cause notice under section 514, Cr.P.C. However, according to him, accused voluntarily surrendered himself before the Court from where he has been convicted and sentenced as stated above.
6. Learned Additional Prosecutor General is present in Court in other cases, waived notice and submits that he has no objection if this Criminal Revision Application is allowed on following ground:-- i. Accused has faced trial almost about five years. ii. Accused has remained absent only for two dates of hearing from the Court viz. 20.10.2018 and 27.10.2018. iii. Accused has voluntarily surrendered himself before the trial Court and submitted that that he was not aware about those dates of hearing. iv. Accused has been convicted and sentenced to life imprisonment. v. Mitigating circumstances also appeared in this case to take lenient view as the surety is the mother of the applicant/ accused.
7. In view of the above facts and circumstances as stated above, it appears that the case in hand appears to hardship and having mitigating circumstances. As far as the case of the surety is concerned, admittedly accused Dur Muhammad, who is real brother of the applicant, has already been convicted and sentenced to life imprisonment and is behind the bars to serve out sentence, as already awarded by the trial Court.
8. As the case has been disposed of, therefore, under the circumstances and in view of no objection, extended by the learned Additional Prosecutor General coupled with mitigating circumstances as stated above, I allow this Criminal Revision Application and set aside the impugned order only to the extent of surety amount with direction to the learned trial Court to immediately return the surety papers/Defence Savings Certificate along with profit, already deposited by the surety as stated by the applicant's counsel, after proper verification and identification.