' This is a criminal revision against the order dated 23-4-1998 passed by the Additional Sessions Judge, Nankana Sahib against the dismissal of the application for submission of bail bonds and issuance of a notice to the accused to show cause why the bail granted to them should not be recalled.
2. According to the contention of the learned counsel for the petitioners the bail was granted on 23-4-1997 by the learned Additional Sessions Judge, Nankana Sahib. The accused petitioners were in the lock-up. They were also involved in F.I.R. No,83 of 1996 dated 4-4-1996 under sections 302, 148 and 149, P.P.C. Registered at Police Station Bara Ghar, District Sheikhupura. At that time they were not bailed out in the instant F.I.R. And this was the reason for non-submission of bail bonds. Further submits that under the provisions of Criminal Procedure Code there is no time limit mentioned for submission of bail bonds. Moreover, the learned Additional Sessions Judge vide impugned order could not ask the petitioners to show cause why bail granted to them should not be recalled as in the original bail order the offences under sections 379, 342, 452, 324, 148 and 149, P.P.C. Are already mentioned and the learned Additional Sessions Judge had only to allow the bail bonds.
3. Learned State Counsel concedes up to the time limit for submission of the bail bonds but he submits that the learned Additional Sessions Judge vide the impugned order has held that in the original bail application the offences under sections 452 and 324, P.P.C. Are handwritten and for this reason the learned Additional Sessions Judge had issued notice to the petitioner for recalling of the bail.
4. Sections 497, 498, 498-A, 499 and 502, Cr.P.C. Relate to the bail petition as well as the submission of the bail bond. Section 499, Cr.P.C. Is reproduced below:-- "499.---(1) Before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.
(2) If, the case so requires, the bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge."
Section 502, Cr.P.C. Is for the discharge of sureties whereby all or any surety for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicant. On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be produced before him. On the appearance of such person pursuant to the warrant, or on his voluntarily surrender, the Magistrate shall direct the bond to discharge either wholly or so far as relates to the applicant and shall call upon such person to find either sufficient sureties, and, if he fails to do so, may commit him to custody.
5. All these provisions of law give a time limit for submission of bail bonds. It is the petitioner's risk that until and unless he does not submit the bail bond he will not be released. Even otherwise each case stands on its own facts and circumstances.
6. In the instant case the petitioners were in the judicial lock-up. They were involved in a murder case besides this case where they were bailed out on 23-4-1997 by the learned Additional Sessions Judge. Nankana Sahib. In the F.I.R. No,83 of 1996 registered on 4-4-1996 at Police Station Bara Ghar, District Sheikhupura under sections 302, 148 and 149,.P.P.C. Sadiq petitioner was bailed out by my learned brother Falak Sher, J. On 28-1-1998 and on the basis of the said order Iqbal alias Bala petitioner was also allowed bail by the learned Additional Sessions Judge, Sheikhupura on 11-2- 1998. Therefore, non-submission of the bail bonds by the petitioners was due to the reason that they were involved in a graver offence in the aforesaid F.I.R. Where they were not bailed out, at the time of the bail order dated 23-4-1997.
7. The finding of the learned Court below that there is interpolation in the bail application by adding the offences does not seem justified as in the original bail order the offences under sections 452, 324, 342, 379, 148 and 149, P.P.C. Are mentioned. The learned Additional Sessions Judge at the stage of submission of bail bond could not interfere with the bail order passed by his predecessor.
8. Therefore, under the above circumstances, the Criminal Revision Petition is accepted and the impugned order dated 23-4-1998 is set aside. The petitioners are directed to submit bail bonds before the learned Trial Court within a month from today.
9. Copy Dasti on payment of usual charges.