The present criminal revision petition is directed against the order, dated 7-1-1986, passed by Muhammad Ilyas, Additional Sessions Judge IIIrd, Okara, whereby the bail bonds of Rs.5,000 submitted by the petitioner on behalf of the accused Talib were ordered to be forfeited, and he was further directed to deposit the said amount within one week for the failure of the petitioner to produce the said accused Talib in the Court, as the said accused had not appeared before the Court for the last four successive dates. It was further directed by the said order that on the failure of the petitioner to deposit the amount in question the same shall be recovered by attachment of his property.
2. The learned counsel for the petitioner submitted that the petitioner had stood surety for the accused Talib Hussain out of benevolence and not for the monetary gain and may be dealt with leniency under the circumstances. Further submitted that in the instant case, the said accused Talib has put in appearance before the Court after cancellation of his bail, and that he was allowed interim bail, vide order, dated 26-12-1985, therefore, argued that as the previous bail order was no longer in the field, and as the said accused had been granted interim bail before arrest by a competent Court after taking into consideration all the facts relevant to the cancellation of his previous bail, therefore, the petitioner cannot be penalized for an act which had been duly considered by the said Court, and thereafter the accused Talib's case was considered to be one of bail before arrest.
3. A perusal of the impugned judgment confirms the contentions stated above, on behalf of the petitioner, as it is stated therein that, the interim bail as stated above was allowed to tire petitioner.
4. Therefore, in view of what has been stated above, as the accused Talib had put in appearance before the Court and thus surrendered himself to the jurisdiction of the said Court and as the said Court after having heard the said accused had allowed him interim bail before arrest, therefore, the present petitioner stood absolved of his legal liability to produce the said accused before the Court.
5. In view of what has been stated above, the impugned order cannot be sustained in law, hence the present criminal revision petition is allowed and the) impugned order, dated 7-1-1986 is hereby set aside.
6. The office is directed to return the record of the case to the trial Court immediately, and it is further directed that the trial Court shall make all attempts possible for the expeditious disposal of the instant case.