1. ' MAULANA MUHAMMAD TAQI USMANI, J.---The petitioner alongwith another person, namely. Gul Khan, stood sureties for an accused person Taoos Khan who was facing trial under Article 3/4 of the Prohibition (Enforcement of Hadd) Ordinance, 1979 in the sum of Rs,50,000 each. Taoos Khan, the accused person remained absent since 16-4-1987 and had been declared a proclaimed absconder. The learned Sessions Judge, Karachi West who was trying the aforementioned case passed an order on 30-8-1990 whereby inter alia he forfeited surety bonds, however, he issued a notice under section 514, Cr.P.C. Against the sureties to show cause as to why entire amount of bond deposited in the Court be not finally credited in favour of the Government of Pakistan. Both the sureties appeared before the learned Sessions Judge and on 2-2-1992 the learned Sessions Judge, Karachi West passed an order to forfeit the whole amount of the surety bonds. Both the petitioners filed a Revision Petition before the Federal Shariat Court who on 7-6-1992 dismissed their petition in limine. Gul Khan seems to be satisfied with the order passed by the Federal Shariat Court, but Muhammad Aslam the petitioner, seeks leave to appeal against that order.
2. The learned counsel for the petitioner contended that both the sureties had produced a Certificate to the effect that Taoos Khan the accused person for whom they stood sureties had died on 17-5- 1987. The learned Federal Shariat Court without going into the merits of the Certificate has relied on the fact that even earlier than the date of the alleged death of Taoos Khan he remained absent from the Court. The learned counsel contends that the period of his absence before his death does not exceed one month and it is on the record that he was suffering from disease, therefore, it was not adequate in the circumstances of the case to forfeit the whole amount of the surety bond.
3. ' After hearing the learned counsel, we feel that the question whether the whole amount of the surety bond should have been forfeited in these circumstances requires examination. Leave is, therefore, granted. On this point only.