1. This application has been 'made on behalf of two sureties who had executed bail bond undertaking that accused Muhammad Aslam who was facing murder trial in the Court of VIth Additional Sessions Judge; Karachi will regularly attend the Court on each date of hearing. The amount of bail executed by them was Rs.20,000 each. Since, the accused remained absent on 14- 3-1985, the learned Court passed an order forfeiting the bail bond executed by the sureties and calling upon them to show cause why the amount of bail bond should not be recovered from them.
2. It appears from the case diary of the trial Court that the accused was re-arrested on 13-4-1985. It is also not disputed by the learned A.A.-G. That his arrest became possible due to efforts made by the applicant's sureties. Nevertheless, the learned trial Court by the impugned order directed the sureties to pay Rs.5,000 each as penalty. The learned counsel for the sureties has prayed that in view of the fact that sureties were not to blame for the absence of the accused and who again was apprehended only through their efforts, the above amount is too excessive.