Order Sheet.

 HIGH COURT OF SINDH, CIRCUIRT COURT HYDERABAD.

CR. REV. A. NO.150 OF 2009.

Date              Order with signature of Judge

24.05.2010.

FOR KATCHA PESHI.

      Applicant in person.

Syed Meeral Shah, Deputy Prosecutor General, Sindh at Hyderabad.

. . . .

      The applicant present in person has filed the instant criminal revision application impugning the order passed by the Additional Sessions Judge, Tando Adam in Sessions Case No.138 of 2000 on 09.12.2009, whereby the application under section 514 Cr.P.C. filed by the applicant was dismissed and he was directed to deposit the bond amount of Rs.50,000/-. In the impugned order it has been further directed that in case of failure to deposit the bond amount within one month warrant of attachment of his property be issued accordingly.

It appears that accused M. Jumman Magsi was granted bail and the applicant stood surety for him on 04.04.2008 and executed such bond of Rs.50,000/-, however on having jumped over the concession of bail by the accused, the surety bond was forfeited and consequently the application under section 514 Cr.P.C. was also dismissed.

      Applicant states that he is a very poor person and has retired as police constable in the year 2003. He further states that the accused was living in his neighbourhood and on humanitarian ground he stood surety for the accused. Applicant further states that he has tried his level best to procure the attendance of the accused in the trial Court and once he also arranged a raid at the house of accused but unfortunately the entire family of the accused shifted from such place and left for Baluchistan. He repeats his request that he is poor man and is a victim of the circumstances and by throwing himself at the mercy of this Court requests that at least the amount of the bond/ penalty may be reduced and further installments may allowed.

      Learned D.P.G. states that though the impugned order does not suffer from any illegality but keeping in view the financial position of the applicant who is present in person and on humanitarian ground this Court may reduce the bond/penalty amount to a reasonable extent.

      I have heard the applicant as well as D.P.G. and perused the record. Though in normal circumstances no indulgence can be shown when an accused jumped over the concession of bail granted by the Court. It is further duty of the surety to procure the attendance of the accused on every date failing which the necessary consequence including forfeiture of the surety bond can be made as per law. However, looking at the peculiar circumstances of the case as well as the advance age and the broken financial position of the applicant, the bond/penalty amount of Rs.50,000/- is reduced to Rs.25,000/-, which shall be deposited before the trial Court within one month hereof, failing which the instant order shall stands recalled and the impugned order shall be revived.

      The instant Criminal Revision Application stands disposed of in the above terms.

                                                           JUDGE

S