GHULAM MEHDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) , J. : In this appeal on a certificate of the High Court of Rajasthan the question for decision is the legality of the order forfeiting the bail bond given by the appellant in the case of one Salamat Ali who was being prosecuted under S. 409, Indian Penal Code and who was ordered to be released on bail of Rs. 10,000.00. This bail bond was executed by three sureties, the appellant Ghulam Mehdi, Dost Mohammad and Raghubir Singh who all undertook to produce Salamat Ali whenever and wherever he was required and in default they were jointly and severally liable to pay Rs. 10,000 which could be realized from their person and properties.

(2.) THIS case against Salamat Ali was originally being tried in the Court of the Sub-Divisional Magistrate but was transferred to the Court of Extra Magistrate on 3/09/1951. Salamat Ali continued to appear in that Court up to 31/12/1951 when he absented himself. Proceedings were then taken under S. 514 of the Criminal Procedure Code by the Extra Magistrate. In the first instance Dost Mahammad was given notice under S. 514 (1), Criminal Procedure Code, to show cause why the bond of Rs. 10,000 be not ordered to be paid and the amount realized from him. Dost Mahammad appeared but showed no cause and therefore the amount was forfeited but nothing was recovered from him. He was sentenced to six months' imprisonment in civil jail.

(3.) WE would therefore allow this appeal and set aside the order of attachment.