1. JUDGMENTRASHID AZIZ KHAN, J- The facts leading to the filing of this revision are that the petitioner Abdul Hamid,stood surety in the sum of Rs.20,000/-in favour of one Inayat Ali who was involved in a case under section 377 PPC read with section 12 of Offence of Zina(Enforcement of Hudood)
2. Ordinance, 1979. The accused in the said case appeared for sometime but absented himself on 29- 3-1983.The learned trial Court issued notice to the surety (the petitioner)who sought time to produce the accused. The trial Court kept on abjourning the case from time to time for 11 months.
3. Thereafter, the surety was forfeited in the whole amount.
4. It is contended by learned counsel that the trial Court has erred in law because it should have passed an order forfeiting the bond, and, thereafter a notice should have been given to the petitioner for the realisation of the amount. The learned counsel has also relied upon some reported cases. Submits that later on the accused joined the proceedings, therefore, the entire amount of surety may not have been forfeited.
2. I have heard learned counsel and perused the record. The Court was informed by the Process Serving Agency that the accused had proceeded abroad, therefore, a notice was issued to the surety.- In these circumstances,it is clear that before notice to the surety was given the Court was already apprised of the fact that the accused in the case was not available. The contention of learned counsel that the bond should have been forfeited first is without substance, because the moment notice was given to the petitioner it automatically meant the forfeiture of the surety bond.
5. As far as the other contentions that the whole amount should not have been forfeited has some substance especially when the accused later on did join the proceedings. In such circumstances, relying upon Dildar and another V. The State (PLD 1963 S.C. 47), I reduce the amount to be forfeited from Rs.20,000/- to Rs.5,000/-. With this reduction in the amount of surety the revision is disposed of.The file shall be sent back forthwith to the learned trial Court for necessary action.