MUHAMMAD MUNIR KHAN J:- The facts leading to this revision are that Muhammad Aslam was arrested in a case FIR No.54, under section 302/34 PPC, of Police Station Nankana Sahib. He was admitted to interim bail in the sum of Rs. 25,000/- with two sureties in the like amount to the satisfaction of Ilaqa Magistrate, Sheikhupura, by the learned Additional Sessions Judge, Sheikhupura. On 29.4.76 Muhammad Aslam, accused, did not appear before learned Sessions Judge. Instead of forfeiting the bail bond, the learned Additional District Judge directed Ilaqa Magistrate to initiate the proceedings under section 514 Cr.P.C. After holding proceeding under section 514 Cr.P.C, the learned Magistrate forfeiled,the bail bond to the extent of Rs.1000/- from each of the sueities. Feeling aggrieved thereby, the sueities aded an appeal before the leamed District Magistrate Sheikhupura, which was dismissed on 30.11.1977. Hence this revision.
2. The learned counsel for the petitioner submitted that since the bail was accepted by the learned Additional District Judge, therefore, the Magistrate lst Class could not have forfeited the same. No one has appeared for the State to Oppose this petition.
3. I have considered the matter carefully. I feel persuaded to agree with the learned counsel for the petitioner. The relevant section of Cr.P.C, may be reproduced conveniently.
(1) Whether 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 lst class.
Or when the bond is for appearance before a Court, to the satisfaction of such Court.
1 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 would 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 attachment and sale of the movable property belonging to such persons or his estate if he be dead.
The plain reading of the provision of law reproduced above will show that when the bond is for appearance before a particular Court then that Court alone and no other Court can proceed under section 514 Cr.P.C, to forfeit the bond. Since in the instant case the bail application was pending before the Additional District Judge and the Bond was for appearance before him, therefore, the entire proceeding held by Magistrate under section 514 Cr.P.C, were illegal and without jurisdiction.
4. Pursuant to the above discussion, the revision application is accepted and the impugned orders are set aside.