The petitioners herein had stood surety for one Muhammad Sharif, a person accused of the alleged commission of offences punishable under sections 10 and 11 of Ordinance VII of 1979 vide F.I.R.
No.51/83 of Police Station Nishat Abad of District Faisalabad, after the said accused person had been admitted to bail in the said case.
2. Muhammad Sharif accused defaulted in making appearance before the learned trial Court as a result of which a notice was issued to the present petitioners for production of the said accused person and on their failure to comply with the said direction the amount of bond of Rs.15,000 was directed to be forfeited and the petitioners were asked to deposit the said amount.
3. Hence this petition.
4. The petitioners submitted before this Court that they had traced Sharif accused and had finally located him in Renala Khurd and had taken him to the said Police Station who arrested him alongwith his co-accused and subsequently produced them before a Magistrate at Renala Khurd who admitted them to bail despite an information given to the police of Police Station City Renala Khurd that Sharif accused was required by the learned Additional Sessions Judge at Faisalabad in the trial pending against him.
5. In pursuance of the proceedings which ensued before this Court it transpired that Sharif accused and his co-accused, namely, Mst. Kalsoom were apprehended by the local police of Police Station City Renala Khurd on 26-1-1991 whereafter they were admitted to bail by the learned Ilaqa Magistrate the next day i.e. On 27-1-1991.
6. I am thus of the opinion that the petitioners had sufficiently discharged their legal obligations and the forfeiture of bond as directed by the learned Additional Sessions Judge of Faisalabad vide his impugned orders dated 18-2-1991 was not justified, either on facts or in law.
7. The police officials of Police Station City Renala Khurd who had apprehended Sharif accused above-mentioned and his co-accused Mst. Kalsoom are now being prosecuted through F.I.R.
No.71/91 registered at Police Station City Renala Khurd on 6-4-1991 for the alleged commission of offences punishable under sections 225-A, 164, 166 and 217, P.P.C. As also under section 5 of the Prevention of Corruption Act of 1947 with respect to the disappearance of Mst. Kalsoom above- mentioned as also of Sharif accused.
8. Be that as it may, I am further informed that Sharif accused did subsequently appear before the learned trial Court at Faisalabad and has since been convicted.
9. In this view of the matter, this petition is admitted to regular hearing.
10. Mr. Zaeemul Farooq Malik, the learned Assistant Advocate-General, who is present to assist this Court accepts notice and this petition is being disposed of today with his consent.
11. In view of the facts above-mentioned, this petition is allowed and the two impugned orders passed is respect of the two petitioners on 18-2-1991 by the learned Additional Sessions Judge at Faisalabad are set aside. There shall, however be no order as to costs.