' Learned counsel for the petitioner submits that the accused for whom the petitioner stood surety had been appearing before the Court concerned after his release on bail, but could not appear on 14-7-1990 and when notice was issued for 29-11-1990 to the petitioner for forfeiture of his bond, he meanwhile got the accused arrested on 24-9-1990.
2. It is contended that in view of the fact that the petitioner had got the accused arrested before the next date of hearing fixed by the trial Court, the penalty imposed by the learned Judge on the petitioner as a result of the forfeiture of his surety is excessive. It does not appear that the petitioner gained any benefit from standing surety for accused Abdul Qadir Shah nor does he appear to be in any way connected with his criminal activities or with his escape.
3. Taking all the circumstances into account, I find that the petitioner had indeed forfeited his bond, but I consider that at the same time one-fifth of the bond i,e. Rs,5,000 need not have been required from him and that in all events his default would be adequately punished by requiring him to pay a sum of Rs,1,000. The bond shall be forfeited to the extent of Rs,1,000. The petitioner shall deposit the forfeited amount of Rs,1,000 within two weeks with the concerned Court. The petition is disposed of.