ABID HUSSAIN Versus State
This criminal revision petition arose from the forfeiture of a surety bond by the Sessions Judge, Bhakkar. The petitioner had stood surety for an accused, Arshad Javed, who subsequently absconded and failed to appear in court. Consequently, the trial court forfeited the surety bond of Rs. 30,000 and imposed the full penalty on the petitioner. The petitioner challenged this order, arguing that he was not a beneficiary of the accused, had received no consideration for standing surety, and was not granted sufficient opportunity to produce the accused. The core legal question was whether the court should exercise its discretion to remit a portion of the penalty imposed under the Code of Criminal Procedure. The Lahore High Court held that while the forfeiture was procedurally grounded, the court should exercise its discretion under Section 514(5) of the Code of Criminal Procedure 1898 to grant leniency. The court established that where a surety has derived no benefit from the accused, a lenient view regarding the penalty is appropriate, and the court should allow an opportunity to produce the accused before enforcing the full penalty.
- Does a court have the discretion to remit a portion of the penalty imposed upon the forfeiture of a surety bond?
- Is a surety who has received no benefit from the accused entitled to a lenient view regarding the penalty imposed for bond forfeiture?
- Should a court grant an opportunity to a surety to produce an absconding accused before enforcing the full penalty of a forfeited bond?
- Section 514, Code of Criminal Procedure 1898
- Section 514(1), Code of Criminal Procedure 1898
- Section 514(2), Code of Criminal Procedure 1898
- Section 514(3), Code of Criminal Procedure 1898
- Section 514(5), Code of Criminal Procedure 1898
FAZAL-E-MIRAN CHAUHAN, J.- --Abid Hussain, petitioner, stood surety for one Arshad Javed, who was granted bail before arrest in case F.I.R. No.188 dated 22-7-2006 registered with Police Station, City Bhakkar by Additional Sessions Judge, Bhakkar and submitted surety bond of Rs.30,000 on 2-8-2006. The said Arshad Javid absconded himself and did not appear on 10-8-2006. Resultantly, the bail bonds were forfeited by the learned Sessions Judge and show cause was issued in the name of petitioner. Being dissatisfied by the reply to the show-cause notice the learned Sessions Judge by invoking the provisions of section 514(1)(2) and (3) Cr.P.C. imposed penalty of Rs.30,000 on the petitioner and ordered that Robkar be issued to District Officer (Revenue), Bhakkar for the recovery of Rs.30,000 from the petitioner. Hence this criminal revision.
2. It is argued that no opportunity was provided to the petitioner to produce the accused Arshad Javed in the Court. It is further argued that a very harsh view was taken by learned Sessions Judge, Bhakkar as the petitioner is not beneficiary of the accused nor any consideration was obtained to stand as surety. Finally submitted that in view of the law laid down in case Sher Ali and others v. The State (2000 PCr.LJ 94) a lenient view may be taken and penalty be reduced.
3. The learned Assistant Prosecutor General opposed the criminal revision and stated that penalty was rightly imposed by invoking the provisions of section 514, Cr.P.C.
4. I have heard the learned counsel for parties and gone through the record. The relevant law regarding remittance of any portion of the penalty as contained in section 514(5), Cr.P.C. reads as under:--
"514 (5). The Court may in its discretion remit any portion of penalty mentioned and enforce payment in part only."
Keeping in view the law laid down in cases reported as PLD 1952 Lahore 695, PLD 1963 SC 97 and 2000 P.Cr.L.J. 94, I am convinced that an opportunity to produce the accused should have been granted to the petitioner, even otherwise he has derived no benefit and he deserves a lenient view. Therefore, the penalty imposed is reduced from Rs.30,000 to Rs.4,000. The Criminal Revision is accordingly allowed partly to that extent only.
H.B.T./A-2/L ?????????????????????????????????????????????????????????????????????????????????????? Order accordingly.