1. Dismissed as infructuous.
2 and 3. By this criminal revision application, applicant HazoorBux has assailed the order of learned Additional Sessions Judge, Gambat in Sessions Case No,396 of 1998 under sections 392, 324, 34, P.P.C. Which arose out of F.I.R. No,62 of 1997 of Police Station, Sobhodero whereby the penalty was imposed upon the surety/applicant. The brief facts of the prosecution case are that accused Dhani Bux along with co-accused was sent up by the police to stand trial. The accused applied for bail before the trial Court and he was granted the same in the sum of Rs,1,00,000 and P.R. Bond in the like amount. The applicant Hazoor Bux stood surety for accused Dhani Bux before the trial Court. On 14-3-2000 the accused remained absent before the trial Court, therefore his bail bond was forfeited and notice was issued to the applicant/surety. The applicant/surety furnished the explanation before the trial Court but it was not considered to be satisfactory. Consequently penalty of Rs,50,000 was imposed upon the applicant/surety by the trial Court. The impugned order shows that during the pendency of case on 17-6-2000 accused Dhani Bux had voluntarily appeared before the Court and was taken into custody and remanded to judicial lock-up. I have heard Mr. Wali Dino Narejo learned counsel for the applicant and Mr. Syed Zawar Hussain Jafferi learned Addl. A.-G. On behalf of State. ' The latter does not support the impugned order.
The perusal of the material placed on record shows that accused Dhani Bux had fallen sick therefore he remained absent before the trial Court. In support of this plea the applicant/surety has filed certificate issued by Doctor Muhammad Hashim Bughio, which shows that during the period of absence, accused suffered from the disease of liver abscess. The certificate shows that accused was treated as indoor patient. The contents of the same are reproduced herein below: "This is to certify that Mr. Dhani Bux son of Gahanwar Khan Burero, resident of Peyaro Khan Burero Village has remained under my treatment since from 13-3-2000 to 16-6-2000. As, the case of 'Liver Abscess which has been drained out by incision of Needle, further patient, managed by dressing and medicines, this whole period, patient remained in the clinic. After recovering the patient, he advised rest for at least one month at the home. This is only for information, and to intimate." The disease of liver abscess requires prolonged treatment and intensive care. In such a disease the abscess collected in the liver is to be drained daily and patient has to avoid movement. The movement may be proved detrimental to the life of the patient.
It is also evident from the impugned order that on 17-6-2000 the applicant voluntarily appeared before the trial Court. This shows that the accused did not intend to abscond but the circumstances were beyond his control, therefore, he remained absent. Consequently looking towards the peculiar facts and circumstances of the case, the impugned order imposing penalty upon the applicant/surety is set aside. Criminal Revision Application stands allowed.