Ishfaq Ahmad son of Muhammad Rafiq was an accused of commission of offences under Section 406/420 PPC, vide a case FIR No, 192 dated 30.5.2000, at Police Station Margla, Islamabad. He was granted pre-arrest bail by learned Sessions Judge, Islamabad, subject to furnishing bail bonds in the sum of Rs, 40,000/- with one surety. One Haroon Ahmad son of Muhammad Rafiq, stood surety and furnished the bail bonds. Khan Iftikhar, petitioner, attested the said bonds as a witness. As it happened, said accused person absconded and proceedings were initiated against Haroon Ahmad, surety in terms of Section 514 Cr.P.C. His non-bailable warrants for his arrest were issued which came back with the report that said Haroon Ahmad has gone to U.K. Learned Addl. Sessions Judge, Islamabad, proceeded to issue notice to the petitioner on 13.9.2003 holding that attesting witnesses are also bound by the terms of the bail bond. Notice was ordered to be issued directing the petitioner to produce the surety before the Court or to make payment of the amount of bond, failing which legal action shall be taken against him.
2. Learned counsel for the petitioner contends that the order on the face of it is without jurisdiction.
Learned counsel appearing for State finds it difficult to defend the impugned order.
3. I feel no hesitation in agreeing with the learned counsel for the petitioner that the learned Addl.
Sessions Judge has passed the impugned order wholly without jurisdiction. The term of the bail granting order was furnishing of a bail bond by the said absconding accused with one surety in the like amount. The petitioner only attested the bond as witness. By no stretch of imagination can it be said that the petitioner can be bound by the terms of the bond. Needless to add that the consensus of judicial authority in the subcontinent is that such an attestation does not even constitute an estoppal. This Crl. Revision is accordingly allowed and the impugned order dated 13.9.2003 of the learned Addl. Sessions Judge, Islamabad inasmuch as it directs issuance of said notice to the petitioner-witness is set aside.