Lahore: Lahore High Court (LHC) while settling important legal principle regarding forfeiture of bail bonds has maintained under section 514 of criminal procedure it is essential to issue show cause notice and provide full opportunity to explain his position to the guarantor before confiscating the surety bonds.
A two members bench of LHC comprising Chief Justice (CJ) LHC Aalia Neelum and justice Muhammad Amjid Pervaiz issued 5-page written decision on the petition of Muhammad Akhtar.
The petitioner had challenged November 30, 2022 order of Accountability Court (AC) under which the order was issued to confiscate surety bonds of Rs 100000 of his guarantor due to the absence of the accused Zakir Hussain.
The court declared the order of AC for confiscating the surety bonds null and void.
LHC maintained the order of AC for forfeiting the surety bonds worth Rs 1 lac is declared null and void for not meeting the legal requirements.
The court made it clear it is essential to issue formal show cause notice to guarantor before forfeiting surety bonds and hear his reply. However the trial court can initiate proceedings again under section 514 of criminal procedure by meeting the norms of justice.