' One Saqib was arrested in a case registered against him under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and was granted bail in the sum of Rs, twenty thousand with one surety in the like amount. Reverend Bashir Masih executed a surety bond in the sum of Rs, twenty thousand and stood surety for Saqib Samuel. In course of the trial, Saqib Samuel absented him, and therefore, the Court proceeded against him (Reverend Bashir Masih) under section 514, Cr.P.C. On 10th of September, 1991 a show-cause notice was issued, and on 23rd September, 1991, it was reported, that despite the service, the surety did not appear before the Court. Hence, the Court below proceeded to forfeit the amount of bond, and in execution of the warrant the immovable property has also been attached.
2. In course of the hearing of this petition, the learned counsel for the petitioner has pointed out that only movable property can be attached and not the immovable.
The position taken by the learned counsel for the petitioner is correct, but it is clarified that in case the bond is forfeited in the lifetime of the surety, and thereafter his death takes place, even for the execution of the warrants his estate can also be attached. However, it is not necessary to further dilate upon this matter because the petition can be disposed of by reducing the amount of security. It may be stated here that the surety is now dead, and therefore, I am inclined to take a lenient view. Accordingly, I reduce the amount of security to be attached on behalf of the late father of the petitioner to Rs, five thousand. With these observations this petition is disposed of.