' This criminal revision arises against the order, dated 8-6-1991 passed by Mr. Muhammad Saeed, Additional Sessions Judge, Lahore under section 514, Cr.P.C. A case vide F.I.R. No,126 of 1988 dated 7- 8-1988 was registered under sections 302/34, 324, P.P.C. at Police Station Bhati Gate, Lahore, against Muhammad Saeed son of Ghulam Rasool and another, for the murder of Zulfiqar Ali, father of the petitioner. Muhammad Saeed, accused/respondent No,1 was released on bail in the sum of rS,25,000 with two sureties, each in the like amount by the learned Additional Sessions Judge, Lahore on statutory grounds on 20-9-1990. The respondent absented on 5-3-1991 and an application was submitted by the surety that the respondent was ill and was advised complete bed rest from 5-3-1991 to 8-5-1991. On 9-3-1991 another application was submitted in the Court that the respondent was sick and unable to attend the Court and had been advised complete rest for three days from 9-3-1991 to 11-3-1991. Thereafter on 16-3-1991 another application was submitted in the Court by Mst. Shahida Parveen, respondent No,2, mother of the accused that respondent No,1 had gone to the hospital on 14-3-1991 and had not come back, and the surety had also suspected that respondent No,1 might had been abducted.
2. It is contended that the learned Additional Sessions Judge had not acted in accordance with law and the provisions of section 514, Cr.P.C. and at the very outset when respondent No,1 absented, the learned Additional Sessions Judge was legally bound to forfeit the surety bond which had not been done in the present case. The submissions made by the learned counsel for the petitioner have force and accordingly I allow this criminal revision, set aside the impugned order dated 8-6-1991 and remand the case. The learned Additional Sessions Judge shall act in accordance with law and the provisions of section 514, Cr.P.C.