PURAN MAL AGGARWAL Vs. STATE

JUDGEMENT

(1.) . This revision petition is directed against the order dated 7/05/2001 of an Additional Sessions Judge dismissing the appeal against the order dated 28/03/2001 of a Metropolitan Magistrate whereby amount of surety bond was sought to be recovered by issuing warrant of attachment against the property of petitioner-surety.

(2.) . Facts giving rise to this revision in brief, are that the petitioner stood surety for Sri Dev Mahto against whom FIR No.173/97 under sections 279/338 IPC was registered at PS R.K.Puram and executed a bond in the sum of Rs.10,000.00 before the police (I.O) on 28/02/1997. Since said accused was declared PO and petitioner too did not appear pursuant to the notice issued by Metropolitan Magistrate seized of the matter the amount of surety bond was sought to be recovered from the petitioner by issuing warrant of attachment of his property by the order dated 28/03/2001. Appeal taken out by the petitioner against this order was dismissed by the order dated 7/05/2001.

(3.) . Only submission advanced by Sh.R.P.Yadav for petitioner was that as the bond for appearance of accused in court dated 28/02/1997 was executed by the petitioner not at the instance of court but at the instance of police officer, the same could not have been validly forfeited under section 446 Cr.P.C. and amount thereof recovered from the petitioner. In support of the submission, reliance was placed on the decisions in Rameshwar Bhartia vs. State of Assam. AIR 1952 SC 405 and Surjit Singh S.Kartar Sinah vs.State, 1966 Cr.L.J.232.