MOHAMMAD HABIB Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision against the order passed by the III Addl. Sessions Judge, Varanasi, ordering the realisation of Rs. 1,500 out of the sum of Rs. 3,000 from the Applicant.

(2.) THE facts giving rise to this revision are as follows:

(3.) IN the instant case, we find that before issuing a notice to the surety, the learned trial court did not pass any order for forfeiture of the amount of bond nor recorded any reason for its being so satisfied. Thus the notice to the Applicant surety was issued for showing cause as to why the amount of the bond be not realised from, him without passing any order forfeiting the bond. This was, therefore, illegal and against the provisions laid down Under Section 514 Code of Criminal Procedure. The Magistrate, as observed above, could not, Under Section 514 Code of Criminal Procedure, issue notice to the surety to show cause as to why the amount of the bond be not realised from him unless and until he had complied with the earlier provisions of the section by forfeiting the bonds and giving his reasons for being so satisfied. In this view of the matter, the order of the trial court for realisation of Rs. 1,500/ - from the Applicant out of the surety bond is illegal and against the provisions laid down Under Section 514 Code of Criminal Procedure. In this view of the matter, the order passed by the learned trial court cannot be maintained.