The brief facts leading to the present petition are as follows:-- That the petitioner stood surety for one Muhammad Ameer on 7-1-1988 in the case in question.
Subsequently, the said accused Muhammad Ameer failed to put in appearance in the Court during the trial, as he was said to have gone to participate in Jehad in Afghanistan, therefore, the learned trial Court had imposed the penalty for forfeiture of the surety amount to the extent of Rs.30,000 out of total amount of Rs.60,000 vide its order, dated 26-2-1990. Thereafter, the petitioner had preferred an appeal against the same which was dismissed by the District Magistrate, Gujrat, on 27-8-1990. A revision filed against the same was also dismissed by Ch. Shabbir Hussain, Additional Sessions Judge, Gujrat but the forfeited amount was reduced to Rs.15,000 hence the present petition contending for setting aside the said impugned orders.
2. The learned counsel submitted that the accused Muhammad Ameer had died on 2-7-1989 and as a result thereof the main case against the accused was discharged. Further submitted that as the case was discharged for the said reason, therefore, the petitioner should not have been penalized for his failure to produce the said accused in the Court as he was not available within the country, having gone to Jehad in Afghanistan.
3. However, the contention raised is untenable as the death of the accused Muhammad Ameer had occurred much later, as the accused had absented himself from appearing before the Court on 22-2-1988 and at the relevant time the petitioner was under the impression that the said accused had died in an encounter with the police as noted by the learned District Magistrate in his order, dated 27-8-1990. Therefore, the petitioner could not have been absolved of his responsibility to produce the accused in the Court asa surety during the relevant period. However, as the petitioner had stood surety in the said case out of benevolence and not for any monetary gain and as subsequently the case has been discharged because of the death of the said accused, therefore, the Court is of the view that it shall meet the ends of justice, if the forfeited amount is further reduced to Rs.12,000. Order accordingly.
4. In accordance with the terms stated above, the present petition is hereby dismissed.