IBRAHIMBHAI B PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is filed by Ibrahimbhai Bhikhabhai Pathan (his name is mentioned as Ibrahimbhai Bhikhabhai Shaikh in another copy). THE facts leading to the present appeal are set out in the memo of appeal, which are to the effect that the present appellant stood surety for accused no.1-Alamzebkhan Jangrezkhan Ali for Rs.35,000/- and also for accused no.3-Kevaljitsinh Gangasinh for Rs.30,000/- in Sessions Case No.37 of 1984 in the Court of the learned Sessions Judge, Surendranagar. THE appellant has executed bail bonds for both the accused. Unfortunately, these two accused did not remain present on 5

(2.) TH December 1984 and hence THeir bail bonds were forfeited and non bailable warrants were issued against THem. The learned Sessions Judge issued Show Cause Notice to THe present appellant to show cause as to why THe amount should not be recovered from THe appellant-surety. The surety was asked to appear in THe Court on 11

(3.) TH December 1984 is produced on record at Annexure 'A' to THis appeal memo. It is THis order which is under challenge. Learned advocate Mr.Saiyed for THe appellant submitted THat it was unfortunate THat THe accused did not remain present on 5