STATE OF GUJARAT Vs. JETHANAND KUNDOMAL

JUDGEMENT

(1.) The two accused Lokumal and Lilaram residents of Ahmedabad were released on bail on furnishing security in a sum of Rs. 1500/with one surety for like amount for each of them in Criminal Case No. 752 of 1964 by the Court of the Judicial Magistrate F. C. at Narol. The inquiry was over on 25-1-1965 and he committed them along with two other accused to stand their trial before the Court of Sessions. At the time of commitment all the four accused applied for being provisionally released on bail under sec. 220 of Criminal Procedure Code so as to enable them to obtain an order for their release on bail from the Sessions Court Narol. The witting Magistrate passed the order as under:-

(2.) Both the accused for whom this opponent was the surety appeared before the Sessions Court at Narol on 23-2-65 along with the other two accused Nos. 1 and 3 and had given their joint application for being released on bail during the pendency of the trial of the case in the Sessions Court On 26-2-65 the learned Sessions Judge passed the order which runs thus:-

(3.) The material point that arises to be considered is as to whether the two bonds executed by the opponent-surety are illegal and consequently unenforceable in law.