AHMAD Versus THE STATE Mian Bashir Zafar , Malik Rehmat Awan

The facts giving rise to this revision petition are that a case under section 302, PPC was registered against Muhammad Yar alias Yara and others at Police Station Bhalwal vide FIR No.39/81 dated 8‑3‑1981. The accused were allowed bail. Ahmad petitioner executed bail bond in the sum of Rs.30,000 for the appearance of Muhammad Yar alias Yara accused on each and every date of hearing before the trial Court. The case was fixed for hearing on 13‑9‑1983 when Muhammad Yar alias Yara absented himself. The bail bond was accordingly forfeited and proceedings under section 514, Cr.P.C. were initiated against the petitioner. The petitioner was heard. The trial Court vide its order dated 17‑7‑1964, directed for the recovery of Rs.30,000 as penalty from the petitioner, hence this petition.

2. Learned counsel for the petitioner submitted that since Muhammad Yar has been produced before the trial Court, therefore, the impugned order should be set aside. Learned counsel for the State has opposed this revision petition.

3. I have considered the submissions made by the learned counsel for the parties with care. I have not been able to persuade myself to agree with him. I find that the petitioner was legally bound to produce Muhammad Yar accused on each and every date of hearing and on, his non‑appearance, was liable to pay the entire amount as penalty. The subsequent production of the accused by the surety may furnish a valid ground for leniency. So, in the circumstances of this case, I feel inclined to reduce the amount of penalty from Rs.30,000 to Rs.2,000 only. The petitioner will deposit this amount within a month from today. Failing which, the trial Court will take appropriate action for, the recovery of the same.

M.Y.H./A‑234/L Penalty reduced.