1. ' I have perused the case file. I have also heard Mr. Shaukat Ali Khan, Advocate.
2. ' The two sureties had undertaken to produce Jahanzeb (accused) in Court and if they failed to do so they will pay Rs, 5,000 and this amount was fixed as security bond money. Both the appellants were consequently individually as well as collectively responsible to pay Rs, 5,000 in case they or any one of them failed to produce Jahanzeb in Court. In that view of the matter there cannot be two opinions.
3. ' The insistence of the learned Additional Sessions Judge, that each surety was to pay Rs, 5,000 in such an event could not be substantiated The security bond is on the file and both the sureties have undertaken to pay of Rs, 5,000 to State, in case they failed to produce Jahanzeb before the Court on any occasion. This bond is dated 12-9-1974. In that view of the matter both the petitioners/appellants (sureties) are responsible individually and collectively, to pay Rs, 5,000 to State and in any case the total amount which Jahanzeb- or Abdur Rehman or Faizullah or all of them have to pay is not more than Rs, 5,000.
4. ' Learned counsel who has appeared for State conceded on that score.
5. Therefore, the impugned order of the learned Additional Sessions Judge is not sustainable and both the appellants are liable to pay Rs, 5,000 in all, whether individually or collectively and not that each individual is to pay Rs, 5,000 which will make the bond money as Rs, 10,000 because the bond is for Rs, 5,000 and not more than that.
6. ' No other grounds have been stressed. This appeal is consequently partially accepted.