DOST MUHAMMAD Versus THE STATE Tasleem Hussain , Shahabud Din

1. Dost Muhammad, Sabz Ali Khan, Noorul Wahab, Haji Noor Muhammad and Saifur Rehman, residents of Sheikh Junaid Abad, Peshawar City, stood sureties for Haji Faqir Hussain, Haji Ghulam Hussain and Ashiq Hussain who were charged under section 506/34, P.P.C. in F.I.R. No. 353, dated 20-7-1982, P.S. Hashtnagri for a sum of Rs.20,000 each. When the case was put in the Court the parties entered into a compromise and the sum was accepted on 31-3-1983 and the accused were acquitted. The complainant filed a revision petition in the Court of the learned Additional Sessions Judge against the order of acquittal which was accepted and the case was sent back to the Illaqa Magistrate. During the pendency of the case Shamas Gul complainant in F.I.R. No. 621 was killed on 26-11-19831 and Ghulam Hussain and Faqir Hussain were charged for the murder and thus absconded in the murder case and could not appear to face the charges under section 506/34, P.P.C. The petitioners were, therefore, proceeded against under section 514, Cr.P.C. and ultimately their bonds were forfeited. However, Ashiq Hussain, accused was later on produced in Court. As Ashiq Hussain accused had, in the first instance, remained absconder for a sufficient time the bonds of his sureties were also forefeited to the extent of Rs.10,000 each as penalty, vide order of the Magistrate, dated 2R-12-1984. The petitioners; moved the District Magistrate Peshawar, who vide his order, dated 25-5-1985, partially accepted their appeal, reduced the forfeited amount to one-half in each case and also remitted the penalty of Rs.10,000 imposed on the sureties of Ashiq Hussain. The petitioners have come up in revision against both the orders and pray for exonerating them from payment of bonds.

2. The main stand of the learned counsel for the petitioners in this case was that since the matter in F.I.R. No. 353 had been compromised between the parties and the accused were acquitted by a competent Court of law, the petitioners were, therefore, absolved of their responsibilities to produce the accused. He further submitted that two of the accused have absconded in a murder case which had no connection with the case in which the petitioners stood sureties for the accused. Therefore, the orders of forfeiture are bad in law.

3. After hearing the learned counsel for the parties, I think the District Magistrate has passed a correct order. Be that as it may, in view of the peculiar circumstances of the case, I further reduce the amount of the forfeited bonds from Rs.10,000 to Rs.2,000 each inc respect of Sabz Ali Khan, Noorul Wahab, Haji Noor Muhammad and Saifur Rehman. The amount of the forfeited bonds in respect of Dost Muhammad is reduced from Rs.20,000 to Rs.4,000. The petition is thus partially accepted.

4. M.Y.H.1576/P Surety's liability reduced.