' Petitioner had stood surety for Rashid Farooq son of his real brother who had been arrested in a case registered under section 302/34, P.P.C. At Police Station Khudian, on bail having been granted to him by the Court of Additional Sessions Judge. The said bail order was set aside by the High Court and Rashid Farooq was directed to be taken into custody. Neither the accused appeared nor the petitioner fulfilled his duty of producing the accused in the Court as undertaken by him while standing surety.
Learned trial Court taking into account the failure of the petitioner to perform his duties, confiscated the surety bond and attached the whole amount of Rs,50,000.
2. It is stated by the learned counsel for the petitioner that the accused had later appeared and the case stands concluded vide judgment dated 29-1-1992.
It is worth noticing that the impugned order was passed on 20-3-1990, while the accused had appeared before the Court in custody on 29-3-1990 i,e. Only nine days after that. The petitioner, who is real paternal-uncle of the accused is aged about 75 years. It seems that soon after the impugned order was passed, he succeeded in producing the accused. The efforts made by him to fulfil his undertaking and the success which he achieved deserve to be taken account of.
' Rashid Farooq who is nephew of the petitioner, according to the judgment passed on 29-1-1992 stands sentenced to undergo imprisonment for life plus a fine of Rs,5,000 as compensation to the heirs of the deceased. In a way, the family already stands punished. Father of Rashid Farooq is stated to have been murdered prior to the registration of case against him.
3. Keeping in view all the facts, I am inclined to take a lenient view. While maintaining the order of confiscation of the bail bond, it is directed that a sum of Rs,8,000 shall only be recovered from the surety bond. The said amount shall be paid by the petitioner before 15th November, 1992. If he fails to do so, the amount shall be recovered through execution of warrants and attachment of property.