BADRI SINGH Vs. STATE

JUDGEMENT

(1.) THIS case has come to us on a reference made by a learned single Judge in view of the apparent conflict of views between two single Judge decisions of this Court. The entire case has been referred to us for decision.

(2.) THE revision itself was directed against the forfeiture of a bond executed by the Applicant Badri Nath Singh as the surety for producing the accused Pyare Lal in court. The said accused was arrested by the police of Ramnagar in connection with an offence Under Section 279/338/46 IPC Later he wad release on bail by the police on his furnishing the bail bond of Rs. 5,000/ -. The Applicant Badri Nath Singh (surety) executed the bail bond on the basis of which the accused was enlarged. When Pyare Lal did not appear in Court, the surety was given a notice to produce him by 23 -8 -1969. Since the accused could not be produced even on the aforesaid date, notice was issued to the surety requiring him to show cause as to why the amount of the bond be not forfeited. The Applicant was afforded further opportunities for producing the accused but he did not succeed in doing so. Eventually the ADM. Varanasi passed an order on 18 -12 -1969 to the effect that the full amount of bail bond i.e. Rs. 5,000/ - be forfeited and notice was issued for realisation of the same. The Applicant preferred an appeal against the said order. The appeal was dismissed and the order of the ADM was affirmed. In these circumstances the Applicant filed a revision in this Court which was referred to a larger Bench and came up before us for hearing.

(3.) THE learned Counsel for the Applicant mainly relied on the decision of the Supreme Court in Rameshwar Bhartia v. State of Assam, AIR 1962 SC 405 and his sheet -anchor was the following passage: