' MUNIR A. SHEIKH, J.---By this common judgment, we propose to decide Civil Petitions Nos.462-L and 466-L of 2002 as questions of law and facts are identical in both of them.
2. The facts of the case are that on the report of the present petitioners, a criminal case was registered against the private respondents in which it was alleged that by playing fraud, the said respondents used their documents of title of the property for obtaining loan and showing them as the guarantors. The respondents were granted bail in the said case by the Court by furnishing bail bonds.
3. The bank concerned filed suits against the petitioners and the respondents as well. The petitioners were impleaded as defendants being guarantors. According to learned counsel for the petitioners, the said suits were decreed ex parte both against the petitioners as guarantors and the respondents who were the borrowers and the said decree is still intact and is being executed. The Criminal Court, however, ordered the adjustment of the amount of bail bonds against the amount of loan decreed in favour of the bank which was objected to by the petitioners, for till such time, the Criminal Court decides that the petitioners were guilty of the offence, the amount of the security furnished by them could neither be confiscated nor used or adjusted against the amount of loan, therefore, the said order was declared to be without lawful authority by the learned Judge of the High Court through the impugned judgment, dated 9-0-2001 against which leave is sought.
4. Learned counsel for the petitioners has not been able to persuade us that the impugned judgment passed by the High .Court suffers from any illegality. Till a finding was recorded by the Criminal Court after trial that the petitioners were guilty of the offence, the amount of security provided by them could neither be confiscated nor utilized against the amount of loan which could be recovered in execution proceedings by the bank concerned against all judgment-debtors or any of them.
5. For the above reasons, we do not find any merits in these petitions which are accordingly dismissed and .