MUHAMMAD HANIF Versus THE STATE

The case was called. Neither the petitioners nor their counsel has put in appearance. However, it has been taken notice of that the Darned counsel for the petitioners, Mr. Najeeb Faisal, Advocate, did appear in a case before the Court earlier in the day.,

2. The case was taken up for hearing with the assistance of the learned counsel for the State.

3. The brief facts of the case are that the petitioners had stood sureties for Rs.10,000 each for three accused, namely, Haji Muhammad Hussain, Abid Hussain and Bagh Ali in case under section 307/34, P.P.C. registered vide F.I.R. No.156/90 at Police Station Basirpur District Okara, on the said accused having been admitted to interim pre-arrest bail by the trial Court and as the said three accused had failed to put in appearance before the learned Additional Sessions Judge, Lahore, their petition for pre-arrest bail was dismissed in default on 25-5-1990. Thereafter, the learned trial Court had ordered for forfeiture under section 514, Cr.P.C. of bail bonds of Rs.10,000 each, submitted by the petitioners herein, vide order dated 17-7-19%.

4. It was contended on behalf of the petitioners herein that as the bail granted to the accused was cancelled for their non-appearance, and as the parties had compromised which had resulted in the case in question being cancelled, therefore, the forfeiture of the bonds submitted by the petitioners was not called for and that the impugned order, therefore, is not sustainable in law.

5. As stated above, neither the petitioners nor their counsel have put in appearance to prosecute the present criminal revision petition, therefore, the contentions raised herein remained unsubstantiated.

6. However, as the petitioners had not stood sureties for the accused for any monetary gain and as they had done so out of benevolence, and as it is now well-established principle of law that in such cases neither to be so severe nor too lenient in ordering the forfeiture of the amount in question, therefore, while dismissing the present criminal revision petition for the reason stated above, however, the forfeited amount is hereby reduced to Rs.2,000 (Rupees two thousand) each, in the case of the petitioners.

7. In accordance with the terms stated above, the present criminal revision petition is hereby dismissed.

SA./M-40/L Order accordingly.