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1993 P Cr. L J 332

YAQOOB ALI vs THE STATE

Citation1993 P Cr. L J 332
CourtLahore High Court
Case No.Crl. Rev. No,628 of 1992
Date1992-10-24
Judge(s)Sardar Muhammad Sarfraz Dogar
ResultOrder accordingly

ORDER

' Petitioner had stood surety for Navid Akhtar, who was allowed interim pre-arrest bail in the. Sum of Rs,20,000 by the Additional Sessions Judge, Sialkot, in a case registered against him and others under section 364, P.P.C. At Police Station Budiana, District Sialkot.

2. On the accused having failed to turn up on the date fixed, for further hearing of the petition, learned Additional Sessions Judge issued notice to the petitioner. In spite of receipt of notice, he did not appear, nor did he produce the accused for which he had stood surety. Learned Additional Sessions Judge after recording reasons directed confiscation of the bail bond and forfeited total amount of the surety bond.

3. Feeling aggrieved, the petitioner has approached this Court. The petition was admitted, only to consider, the quantum of forfeited amount of the surety bond. Learned counsel has submitted that the accused appeared thereafter and was allowed interim pre-arrest bail and that after dismissal of that petition, the accused did not abscond and is now in jail; that the petitioner had tried his level best to produce the accused but he could not do so quickly although he succeeded in bringing around him (accused) to approach the Court in accordance with law.

4. The accused after having absented himself had surrendered before the Court within 2-1/2 months and stands now lodged in jail. The process of law against the accused has thus restarted.

In the circumstances, I feel inclined to take a lenient view. The order of forfeiture of the total amount of bail bond is reduced to a sum of Rs,7,000 only. The said amount shall be paid by the petitioner within 30 days. In case, he fails to do so, coercive methods shall be taken against him for recovery of the amount.

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