IN THE HIGH COURT OF SINDH AT KARACHI

 

Cr.Rev.Appln.No.159 of 2016

 

Asif Qureshi………………………………………...…………………..Applicant

 

Versus

 

The State……………………………….…………..……………….Respondent

 

Date of Hearing :                       19.10.2017

 

Mr. S.M.Salam Kazmi, advocate for the applicant

Mr. Muntazir Mehdi,  DPG

 

O R D E R

.-.-.-.-.-.

 

FAHIM AHMED SIDDIQUI, J: Through instant criminal revision application, the applicant has assailed the order dated 25.10.2016 passed by learned IInd Additional Sessions Judge Karachi Central  in Session Case No.499/2012, FIR No.175/2012,  registered under Section 302/34 PPC at PS Khwaja Ajmer Nagri.

2.      Learned counsel submits that the applicant stood surety for accused on humanitarian ground as after getting bail, accused could not furnish surety and at the request of his family members, applicant/surety offered himself to furnish surety for accused. According to him, after  getting bail,  accused was  attending the court but on 25.09.2013, he became absconder and subsequently he was  arrested and after arrest of accused, applicant/surety filed application for return  of surety on  11.08.2016 and after filing such application,  on same date,  notice  under Section 514 Cr.P.C was issued to him  to which applicant/surety replied on 29.09.2016 but learned  trial Court  without  appreciating the fact  that notice could not be served upon applicant/surety,  imposed penalty of full of surety vide impugned order.  He submits that as per the law, notice was required to be issued to applicant/surety and without such notice, applicant/surety could not be penalized. He further submits that if an amount is reduced upto quarter of surety amount, applicant/surety is ready to deposit the same.  He put reliance upon the case of Muhammad Ashraf and another  v. The state (1997 SCMR 1387) and Abid Hussain v. The State (2007 YLR Lahore 1305).

3.      Learned DPG for the State opposed the instant application and submits that case-laws  cited by learned counsel for the applicant are  older ones and now the Court  are comparatively harsh  regarding forfeiting of surety amount.  According to him,  lenient view  of the Court has multiplied due to increasing tendency of absconding of accused  after granting bail.

4.      I have considered the arguments  advanced  and material available on record. The applicant  stood surety on 25.09.2013  and on the same day,  NBWs  were  issued  by trial  Court as well as order to issue notice to surety was  passed. However, it appears from record that notice was not actually served upon the applicant/surety. Compliance of Section 514 Cr.P.C for service of notice is  a  mandatory provision but it appears that  applicant/surety was  well aware of non-appearance/absconding of accused as he appeared and  filed application for  return of  surety when he was  satisfied that  accused has been arrested by police. It is also very much clear  from record  that applicant/surety has not played any role in the re-arrest of accused. Therefore, lenient view is taken and  applicant/surety is directed to deposit half of the surety amount before  trial Court.

5.      With the above observation, instant Crl.Rev.Application stands  disposed  of.

 

J U D G E