' This revision petition has been filed by Muhammad Din son of Fateh Muhammad challenging the forfeiture of his surety bond and imposition of penalty of Rs,25,000 to him by the learned Additional Sessions Judge, Kasur vide order dated 1-8-1992.
2. The petitioner stood surety for Mst. Razia Bibi in the sum of Rs,50,000 in a case registered against her with Police Station Khudian. Mst. Razia Bibi did not appear at her trial despite giving opportunities and as a result thereof she was declared absconder and proceeded in terms of section 512, Cr.P.C. The petitioner having failed to produce the accused in the Court was proceeded under section 514, Cr.P.C. The petitioner on his request was also provided an opportunity by way of making proclamation of the accused but he failed to produce the accused and moved an application for dropping the proceeding against him on the ground of poverty which do not find favour to the learned Additional Sessions Judge and he while forfeiting the surety bonds imposed the penalty of Rs,25,000, the full amount of the surety bond.
3. Learned counsel for the petitioner contends that the procedure provided under section 514, Cr.P.C. Was not properly followed by the learned Additional Sessions Judge as it was incumbent upon the learned trial Court to conduct enquiry before passing the impugned order which having been not done, the order of forfeiture of bond is nullity in the eyes of law. He however, prayed that if a lenient view is taken in the matter and the amount of penalty is reduced to a reasonable extent, the petitioner would be satisfied and ready to deposit the same.
4. From the facts of the case it appears that petitioner stood surety for Mst. Razia Bibi in good faith and for no other consideration except her benevolence. It has been pointed out that the petitioner was not even previously known to the lady and that on the asking of Lambardar he stood surety for her. Keeping in view the facts and circumstances of the case the imposition of Rs,25,000 the full amount of surety bond as penalty is harsh. I, therefore, while taking a lenient view reduce the amount of penalty to Rs,10,000 directing the petitioner to deposit the same within four months. With this modification in the order, this petition is disposed of.
Penalty reduced.