The facts leading to the filing of this revision are that petitioner, Qudrutullah, stood surety of one Faqir Muhammad, who was facing trial for an offence under section 411, P.P.C. In the sum of Rs.10,000 on 23-1-1984. Thereafter said Faqir Muhammad failed to appear before the Court and his bail application was dismissed. Notice to the surety was issued with a direction to produce the accused on 21-3-1984 but he failed to do so. Number of opportunities were afforded to him, which could not be availed of by the petitioner.
Learned counsel for the petitioner contended that the petitioner was in custody of Police Station Factory Area, Faisalabad, therefore, could not appear. Relied upon a certificate duly issued by an A.S.I. According to which accused Faqir Muhammad was taken into custody on 4-5-1984 under section 54, Cr.P.C. And his remand order was obtained till 12-2-1984. In such circumstances, the accused could not be produced before the learned trial Court on 8-2-1984, as the circumstance beyond his control.
2. For the foregoing reasons, I accept the petition and set aside the order impugned.