STATE OF PUNJAB Vs. DEV

JUDGEMENT

(1.) This second appeal by the State of Punjab is directed against the judgement and decree of learned District Judge, Hoshiarpur, whereby the accepted the appeal of Dev and Duni Chand respondents, and reversed the decision of the trial Court granting a decree for recovery of Rs. 5,000.00 in favour of the State of Punjab against Dev and Duni Chand.

(2.) The brief facts of the case are that Dev was convicted in a case under Section 302, Indian Penal Code, and was sentenced to undergo transportation for life. The order in this respect was made by the Session Judge on October 3, 1948. The appeal filed by Dev was dismissed by the. High Court on December 10, 1949. After Dev had served a sentence of about six years, the Governor of the Punjab in exercise of the powers conferred by Section 401 of the Code of Criminal Procedure remitted the unexpired portion of his sentence and directed Dev to be released on his furnishing security in the sum of Rs. 5,0000 with one surety in the like amount for keeping good behaviour for the period equivalent to the unexpired portion of his sentence. It was also to be provided in the bond that Dev would surrender whenever called upon to do so during the above- mentioned period. Dev executed the requisite bond in the sum of Rs. 5,000.00 on May 25, 1954. His brother Duni Chand stood surety tor him. The bonds executed by the two brothers were accepted by Additional District Magistrate, Kangra, on May 31, 1954, Dev was thereafter released from Central Jail, Ferozepur, on June 2, 1954. The Governor of the Punjab subsequently cancelled the remission of the unexpired portion of the sentence. of Dev appellant on the gorund that Dev had started his nefarious activities in violation of the terms of the bond. Report to that effect was made by the Superintendent of Police and the District Magistrate. Dev was thereafter re-arrested on July 11, 1957, and was put in jail to undergo the unexpired portion of his sentence. The Additional District Magistrate Kangra, thereafter called upon Dev and Duni Chand to pay the amount of bonds. During the course of those proceedings the Additional District Magistrate came to the conclusion that the bonds were not covered by Section 514 of the Code of Criminal Procedure and that the only remedy for the State was to file a suit in a civil Court. The State of Punjab thereupon filed the present suit for recovery of Rs. 5,000.00 against Dev and Duni Chand respondents.

(3.) The suit was resisted by the two defendants. They pleaded that the bonds were inadmissible in evidence, that the suit was barred by time and that the bonds were legally not enforceable. Pleas were further taken that Dev had remained of good behaviour and had not indulged in any nefarious activity. According to the defendants, the persons, whose son had been murdered, had made false, applications to the police against Dev. According further to the defendants the forfeiture of the bonds was not jusitfied.