ABDUL RAZAQ Versus THE STATE Muhammad Zahid Abbasi , Hafiz Ghulam Bari for the State.
Abdul Razaq petitioner stood surety in the sum of Rs.10,000 for Mst. Kaneez Bibi an accused in case F.I.R. No.55/88 Police Station Jhang Bazar Faisalabad, registered under section 10/11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. She absented herself from the Court and the petitioner also could not produce her nor did 'he himself attend the Court when notice under section 514, Cr.P.C. was issued to him. So, the learned Additional Sessions Judge forfeited the bond in full. He has come up in revision against the same.
2. Learned counsel for the petitioner and the State have been heard. Admittedly the petitioner was a surety, the accused for whom he was surety absented from the Court and so the bond was correctly forfeited. Anyhow learned counsel for the petitioner has contended that forfeiture of the whole of the bond was a severer order and that keeping the balance between severity and the ends of justice, the amount may be reduced. Learned counsel for the State could not seriously controvert this aspect.
3. The revision petition is, therefore, accepted. The forfeiture of the bond is reduced to Rs.4,000. This shall be recovered in accordance with law.
H.B.T./A-1329/L Revision accepted.