Forfeiture of Surety Bonds and Leniency

S. 2019 M L D 996

514-CrPC, Ss. 324 &353—Pakistan Arms Ordinance (XX of 1965), S.13—Forfeiture of suretybond—Petitioners stood surety for accusedinvolved in a case registered under Ss. 324 & 353, P.P.C. read with S.13Pakistan Arms Ordinance, 1965 and executed a bond on behalf of accused—Onfailure of the said accused to appear on the date fixed for hearing,Trial Court cancelled his bail, forfeited surety bonds, directed thepetitioners to deposit the amount of Rs.60000/- each as penalty out of amount of surety of Rs.80000/—-Validity—Record showed that petitioners stood surety of the accusedout of benevolence and not for ulterior motive or monetary gain, therefore,they were not to be treated harshly nor punished severely without therebeing extra-ordinary circumstances—Accused for whom the petitioners had stoodsurety was fugitive from law in a murder case and as such it was humanly notpossible for the petitioners to ensure his availability before thecourt—Taking into consideration financial position of petitioners, forfeitureof bonds, submitted by them to the extent of Rs. 60,000/- each, seemed to beaggressive, hence, the petitioners deserved leniency—High Court observed thatdefault would be adequately punished by requiringeach of petitioners to pay Rs.40,000

Post excerpts

Leave a Reply

Your email address will not be published. Required fields are marked *