Amjad Rashid was arrested in case under section 302/34, P.P.C. Registered at Police Station, Khurrianwala vide F.I.R. No.97/76. He was allowed bail in the sum of Rs.50,000. Muhammad Ali stood surety for him and executed surety bond in the sum of Rs.50,000 wherein he undertook that in case of default on the part of the accused to appear before the Court concerned, he will pay the penalty of Rs.50,000. The case was fixed for hearing but Amjad Rashid accused did not appear and became absconder. The bail bond was forfeited and the petitioner was issued notice. He was given time to produce the accused but he could not produce him. On this, the trial Court imposed the penalty of Rs.30,000 in him vide the impugned order dated 4-11-1982, hence this revision.
2. The learned counsel for the petitioner has simply requested for more leniency in the matter of penalty. The learned counsel for the State has opposed him. The learned counsel for the petitioner has explained that since sufficient time wits not given for the production of the accused, so the accused could not be produced by the petitioner.
3. I have considered the matter carefully. I feel that, in the peculiar circumstances of the case, it would be in the fitness of things that the penalty amount be further reduced to Rs.15,000, as suggested by the learned counsel for the petitioner.
4. For what has been said above, the impugned order is modified in the manner that instead of paying penalty amount of Rs.30,000, the petitioner will deposit Rs.15,000 in the Court of Additional Sessions Judge, Faisalabad, as penalty within two months from today, failing which the learned trial Court will take legal action for the recovery of the penalty amount. Disposed of accordingly.