THE STATE through Director-General Anti-Narcotics Force, Rawalpindi vs SULTAN SHAH
This matter originated as a criminal petition filed by the State through the Director-General of the Anti-Narcotics Force against the respondent, Sultan Shah, challenging an order regarding bail. The respondent failed to appear before the Court, having jumped bail and avoided legal process, which led the Supreme Court to forfeit the surety bond furnished by the respondent. The Court directed the Presiding Officer of the Special Court No. 1 (C.N.S.), Karachi, to initiate proceedings under Section 514 of the Code of Criminal Procedure 1898 against the surety. Furthermore, the Supreme Court expressed concern regarding the inordinate delay in the trial, which had been pending since June 2006, and directed the Presiding Officer to provide an explanation for the delay and submit a list of pending cases. Ultimately, the Supreme Court converted the criminal petition into an appeal, allowed the appeal, set aside the impugned order, and cancelled the respondent's bail, emphasizing the necessity of judicial accountability and the enforcement of bail conditions when a respondent absconds.
- What is the procedure for a court to follow when an accused jumps bail and fails to appear?
- Can a court order the forfeiture of a surety bond when an accused avoids the process of law?
- Does the Supreme Court have the authority to demand an explanation from a subordinate court regarding inordinate trial delays?
- Section 514, Code of Criminal Procedure 1898
ORDER
Notice issued to the respondent as well as; to the surety who furnished bail before the trial Court has not been served and returned as unnerved with the report that the respondent has not been found available at the given address. Surety, banded the respondent not only to appear before the trial Court but also was liable to make appearance before any Court when so directed. The respondent has jumped his bail and has avoided the process of the Court and law, therefore, surety furnished by the respondent is forfeited. As the matter is pending in the Special Court No, 1 (C.N.S.). Karachi therefore, the Presiding Officer of the said Court is directed to further proceed under section 514, Cr.P.C. Against surety of the respondent by issuing him show-cause notice as to why the forfeited amount of the surety be not recovered from him.
2. We have been informed by the learned Special Prosecutor-General, A.N.F. That this case is pending trial sine June, 2006 before the said Court, but trial could not be concluded for one reason or the other reason. Call for explanation of the Presiding Officer of the said Court as to why unnecessary and inordinate delay in the conclusion of the trial has taken place and the delay with reference to the case diaries be explained and further the Presiding Officer to explain as to why expeditiously the case was not proceeded with and decided. He is arso required to submit complete list of the cases pending in his Court and about the progress made in these cases so far through Registrar of this Court for our perusal in Chambers, so that appropriate action, if need be could be taken in such matters.
3. Heard the learned Special Prosecutor-General, A.N.F. The impugned order and the documents available on record perused. For the reasons to be recorded, this Criminal Petition is converted into appeal and is allowed. The impugned order is set aside.
Bail cancelled.