MUHAMMAD ASLAM Versus THE STATE

SARDAR MUHAMMAD RAZA KHAN, J. - --Petitioners Muhammad Aslam and Muhammad Nawaz had stood surety for one Faqir Muhammad who was an accused in a murder case and who subsequently became an absconder. The trial Court forfeited the bail bond when the sureties could not produce the accused and have not produced him till today, and directed a sum of Rs.90,000 to be recovered as the amount of penalty instead of a sum of Rs.1,00,000 the full amount of the bond.

2. They filed a revision before the High Court which was rejected by an Honourable Judge of Lahore High Court vide his order dated 17-10-2000 and hence this petition.

3. It is abundantly known by now that this Court in numerous cases, like Zeeshan Kazmi v. The State PLD 1997 SC 267, has ruled that in matters of sureties, no lenient view should be taken and the entire amount of the bail bond should be recovered as an amount of penalty. That the failure thereof and the reduction of amount of penalty to the tune of 1 /5th or 1 / 10th was simply ridiculous and encouraged the people to go into abscondence. We believe that the trial Court has already been lenient towards the petitioners by omitting the remaining sum of Rs.10,000.

4. There being no force in the petition, it is hereby dismissed and leave to appeal is refused.

N.H.Q./M-536/S Leave refused.