CHHAGANLAL KIKABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a Criminal Revision Application filed by one Chhaganlal Kikabhai who stood surety for one Magan Bhikha who was arrested by the police head constable Billimora Police Station on March 18 1962 for having committed an offence under sec. 85(1)(2) of the Bombay Prohibition Act. On March 19 1962 the Police Head Constable took a surety bond from the petitioner which is in the following terms:-

(2.) . Mr. Shethna appearing for the petitioner contended that the order for recovery of Rs. 200/from the petitioner was passed under sec. 514 of the Criminal Procedure Code but the said section was inapplicable to the facts of the present case. The argument of Mr. Shethna was that the bond was taken by the Police Officer and not by the Court and therefore the Provisions of sec. 514 of the Criminal Procedure Code were not applicable and that the said order passed by the learned Magistrate was without jurisdiction.

(3.) Now sub-sec. (1) of sec. 514 of the Criminal Procedure Code reads as under:-