ABDUL KARIM KHAN KUNDI, J.--This criminal revision petition arises in the background of facts that Mohammad Khan, accused-petitioner, a driver of a vehicle charged for offences under sections 279/337/320 PPC vide F.I.R.No.528, Police Station Chamkani dated 30.12.1992 was admitted to bail by the Magistrate lst Class against bonds in the sum of Rs.70,000/- each furnished by his two sureties, that the complainant filed application under section 501, Cr.P.C, for the enhancement of the amount of the bond in the Court of Additional Sessions Judge, Peshawar and before whom the sureties of the accused-petitioner had also moved an application for their discharge from the liability of bail bonds due to the accused-petitioner's remaining casual in attendance in the Court, that by the impugned order dated 26.1.1993 he discharged the sureties from the liability of bail bonds and also ordered for enhancement of the amount of bond from Rs.70,000/- to Rupees Six Lakh of two local and reliable sureties to the satisfaction of the Clerk of Court of the Court of Sessions Judge, Peshawar.
2. At the outset the learned Assistant Advocate General pointed out a basic law in the impugned order of the learned Additional Sessions Judge in having taken cognizance of the application for enhancement of the amount of bond under section 501 Cr.P.C, which application was in fact to be filed before the Court releasing the accused against surety bonds and not a higher Court in the Court of Additional Sessions Judge. The complainant's application culminating into the impugned order was thus found filed before a wrong forum. Complainant's said application cannot also be treated a revision or appeal as against the order of the Magistrate thereby releasing the accused on bail against bonds for the Code of Criminal Procedure has vested a power in the Court of Magistrate itself granting the bail to enhance the amount of bond by virtue of section 501, Cr.P.C.
The learned counsel for the complainant was not found with a plausible answer to the preliminary objection raised by the learned Assistant Advocate-General vis-a-vis the maintainability of his application before the Sessions Judge for the enhancement of the amount of bond under section 501, Cr.P.C. This Court would, resultantly, accept this criminal revision petition, set aside the impugned order of Additional Sessions Judge-IV, Peshawar and would direct the accused- petitioner to approach the Court of Magistrate for his release against fresh surety bonds since right or wrong earlier bail bonds have since been cancelled by the impugned order. The court of Magistrate shall also issue a notice to the complainant before releasing the accused against fresh bail bonds.