DAL CHAND Vs. STATE

JUDGEMENT

(1.) The petitioner had as surety executed. a bail bond on the 3oth March, 1972 in the sum of Rs. 5,000.00 affirming that the accused Chantal Compagan wife of of Sobhraj resident of French Embassy, 2-Aurangzeb Road will continue to apear in the course of the trial and he filed the bond in the Court of Shri K. B. Andley, Additional Chief Judicial Magistrate, New Dehli. In case of default on the part of the accused to appear in terms of the bond executed by by him the petitioner incurred the liability of paying the amount of Rs. 5,000.00 to the state.

(2.) The accused committed default in appearance. Proceedings under section 514 of the Criminal Procedure Code, hereafter called "the Code" were initiated. The petitioner appeared before '-the Chief Judicial Magistrate, in the course of the proceedings on the 30th of August, 1972. On that date the following order was passed "Surety wants one more adjournment to produce Mrs. Chantal Sobhraj. She be produced on 14/9".

(3.) The petitioner did not produce the accused on the 14th of September, 1972 and remained absent himself. Instead of acting in terms of section 514 of the Code and dealing with the bond so as to record his forfeiture, the Learned Additional Chief Judicial Magistrate passed the order that the surety being absent. be summoned by issuing non-bailable warrant of arrest. In terms of the warrant to be so issued the surety was to by apprehended for the 5th of October, 1972. On that date it was found that the surety remained unserved. The Additional Chief Judicial Magistrate passed the following order. '"Surety not served. Be summoned again through w/o arrest non- bailable for 24/10."