2019 PLP 54 (MLD)

ALI BAIG, J.

Through the instant criminal revision petition filed under section 439, Cr.P.C., the petitioners have assailed the impugned order dated 9.8.2018 passed by the learned Sessions Judge Diamer whereby the learned Sessions Judge Diamer has forfeited surety amount of petitioners/sureties amounting to Rs.500,000/- (rupees five lacs) in favour of the State and in default thereof shall undergo six months simple imprisonment and the petitioners were committed to judicial lock up at Chilas.

2. Briefly facts leading to the filing of this revision petition are that the present petitioners stood sureties for the accused namely Inamullah son of Sobar Khan who was involved in case FIR No. 43/2016 dated 08-12-2016 registered under section 13 Pakistan Arms Ordinance, 1965 at police Station Darel District Diamer. The accused was allowed bail by the learned trial court. The above named accused absented himself on 1.6.2018. Accordingly the learned trial court recalled the bail facility of the accused vide order sheet dated 1-6-2018 and warrant of arrest against the accused and notice under section 514, Cr.P.C. against his sureties were issued and case was adjourned to 04-7-2018. On 04-7-2018 the accused and his sureties/present petitioners did not appear before the learned trial court. The learned trial court has forfeited the surety amount of present petitioners vide order dated 04-7-2018 and warrant of arrest against the petitioners and accused was also issued. On 09-8-2018, the petitioner/accused were arrested and produced before the learned trial court by local police and the trial court committed the petitioners as well as the accused to judicial lock up as the petitioners failed to deposit the forfeited surety amount to undergo six months simple imprisonment , hence this revision petition.

3. The learned counsel appearing on behalf of the petitioners contended that the impugned order passed by the learned trial court is contrary to the law and facts on the record of the case as such the impugned order of the learned trial court is not maintainable and liable to be set aside. The learned counsel for the petitioners further argued that notice under section 514, Cr.P.C. was not duly served upon the petitioners and the learned trial court has also failed to obtain replication/reply to the notice issued under section 514, Cr.P.C. from the petitioners. The learned counsel for the petitioners further argued the petitioners and accused had themselves come to the court premises to appear before the learned trial court and police had arrested the petitioners from the premises of Sessions Court Diamer and produced before the learned trial court on 9-8-2018. The learned Counsel for the petitioners further argued that the learned trial court has passed the impugned order in a hasty manner without fulfilling legal formalities and laid down procedure, hence the impugned order passed by the learned trial court is not tenable and liable to be set aside.

4. Conversely, the learned Dy. Advocate General vehemently opposed the arguments advanced by the learned counsel for the petitioners and supported the impugned order passed by the learned trial court by contending that the learned trial court has passed the impugned order after issuing notice under section 514, Cr.P.C. to the petitioners. The learned Dy. Advocate General further argued that the petitioners and accused willfully and intentionally had not appeared before the learned trial court on the date of hearing, therefore, the learned trial court has rightly forfeited the surety amount of the petitioners and has rightly committed the petitioners to judicial lock up at Chilas as they have failed to deposit forfeited surety amount in the State Treasury.

5. I have given my anxious consideration to the arguments advanced by the counsel for the parties and perused the record with their able assistances.

6. From the perusal of record it appears that on 01.6.2018 the accused namely Inamullah did not appear before the trial court and accordingly his bail facility was cancelled /recalled by the learned trial court. Notice under section 514, Cr.P.C. was issued to the sureties/ petitioners and case was adjourned to 04.7.2018. On 04.7.2018 the petitioners and the above named accused again remained absent and the learned trial court forfeited the surety amount of the present petitioners without obtaining reply to the notice under section 514, Cr.P.C. issued by the learned trial Court to the petitioners vide order dated 04.7.2018 and case was adjourned to 09.8.2018. As per version of the learned counsel for the petitioners, the petitioners along with accused had come to Chilas on 09.8.2018 to appear before the learned trial court themselves but the police arrested the petitioners from the premises of Sessions Court Diamer Chilas and produced before the learned trial court. The learned trial court has committed the petitioners to judicial lock-up at Chilas in a hasty manner and without following the laid down procedure.

7. It is settled principle of law that the purpose of standing surety of the accused is for production of the person/accused for whom surety was given and when the accused appears before the court the liability of surety is over and the matter rest between the court and accused person. As the accused namely Inamullah had appeared before the trial court on 09-8-2018, the court ought to have expunged/recalled it's order of 04.7.2018 because the accused was committed to judicial lock -up and responsibility/liablity of the present petitioners was absolved/over. After appearance of accused in the court no valid ground was available to the learned trial court to commit the present petitioners to judicial lock-up.

8. For what has been discussed above, this revision petition is allowed and the impugned orders dated 04-7-2018 and 09-8-2018 passed by the learned trial court to the extent of the present petitioners/ sureties is set aside. The petitioners be released forthwith if they are not required to be detained in jail in any other criminal case. File MQ/189/GB Revision allowed.