NOOR BAHADUR KHAN and 2 others vs THE STATE
This criminal petition challenges the order passed by the Sessions Judge, Bannu, whereby bail bonds furnished by the petitioners were forfeited and they were directed to deposit Rs. 20,000 each or undergo six months' simple imprisonment. The core legal question concerns the proper apportionment of liability among sureties when a surety bond of Rs. 40,000 executed jointly by two sureties is reduced by the court. The Peshawar High Court held, with the concession of the Deputy Advocate-General, that the liability of each surety must be halved to Rs. 10,000 each instead of Rs. 20,000. The petition was partially accepted, modifying the impugned order accordingly and directing the refund of any excess payments made by the petitioners.
- What is the extent of liability of individual sureties when a joint surety bond is reduced by the court?
- Whether the forfeiture of bail bonds and imposition of imprisonment can be modified upon concession by the state counsel?
' TARIQ PARVEZ, J.---Petitioners are aggrieved of order, dated 10-10-1997 passed by the learned Sessions Judge, Bannu, when the bail bonds furnished by them were forfeited and they were directed to deposit Rs,20,000 each or to undergo six months' S.I. Each.
It is argued that where the learned lower Court, vide the impugned order, has already reduced the liability of the petitioners from Rs,40,000 to Rs,20,000, the liability fixed should have been Rs,10,000 each instead of Rs,20,000 because the original surety bond that was executed was Rs,40,000 and that was the joint liability of the two sureties.
2. The learned Deputy Advocate-General concedes the proposition so advanced by the learned counsel for the petitioners and states that the liability of each surety in view of reducing the liability to half, would be Rs,10,000 each.
3. In view of position as stated above, we accept this petition partially to the extent that order of the learned Sessions Judge, dated 10-10-1997 is modified to the extent that the liability of each of the petitioners would be Rs,10,000. Payment made in case of any of the petitioner should be refunded at their application to the learned Sessions Judge, Bannu.