2009 PLP 1990 (YLR)

KHADIM HUSSAIN M. SHAIKH, J.

By this Criminal Revision Application, the applicant impugns the order dated 28-2-2009 passed by learned Court of Sessions Judge, Jacobabad in Sessions Case No.197 of 2008 re: State v. Abdul Majeed, based , on Crime No.13 of 2007 under sections 13-D, A.O. of Police Station Dilmurad, whereby the applicant, who stood surety for accused Abdul Majeed in the said case, was imposed full surety amount of Rs.200,000 on account of forfeiture of his surety bond. The facts giving rise to the present Revision Application are that accused Abdul Majeed s/o Allan Khan by caste Bangulani was facing his trial in the above Sessions Case before the learned Court of Sessions Judge Jacobabad. The said accused Abdul Majeed was admitted to bail by the learned Court of Sessions Judge, Jacobabad vide order dated 24-4-2008 subject to furnishing solvent surety in the sum of Rs.200,

000. The present applicant stood surety and furnished bail bond in the above Simi for the release of accused Abdul Majeed, who then was released on 28-4-2008. Record reflects that accused Abdul ' Majeed jumped the bail on 19-8-2008 thereafter the said accused never appeared before learned trial Court and thus became fugitive from the law. On failure of the applicant to secure the availability of the said accused Abdul Majeed, he was proceeded against under the provisions of section 514, Cr.P.C. and his surety bond was forfeited in full vide order dated 28-2-2009 passed by the Court of learned Sessions Judge, Jacobabad. Hence this Revision Application. Learned counsel for the applicant has mainly contended that present applicant had stood surety for accused Abdul Majeed on humanitarian grounds without any monetary benefit and the impugned order dated 28-2-2009 is harsh and is on higher side. He conceding the position that the applicant has forfeited the bail bond, states that financial position of the applicant is not sound and he is unable to pay the surety amount in full, therefore, he prays for taking a lenient view. Mr. Nisar Ahmed G. Abro, learned State counsel also concedes. I have given my anxious consideration to the arguments addressed by the learned counsel for the parties and have gone through the material placed before the Court. There is nothing on the record to show if the applicant had gained any monetary benefit by standing surety for accused Abdul Majeed in the above mentioned case. The financial position of the applicant is also stated to he unsound and in view of the principle of keeping balance between undue leniency and undue severity, the amount of surety bond of applicant is reduced from Rs.200,000 to Rs.100,

000. Consequently Cr. Revision Application is partly allowed and the surety bond is forfeited to the above extent. The applicant shall pay the above amount of surety bond that is to say Rs.100,000 (Rupees One Lac) only within a period of 60 days from the date of this order without fail. Order accordingly. H.B.T./A-98/K Order accordingly.