MOHAN LAL Vs. STATE

JUDGEMENT

(1.) THIS is a revision under Section 439 of the Code of Criminal Procedure hereinafter referred to as the Code. Along with it, on application under Section 561 A of the Code has also been filed. Since both, the revision as also the application, are directed against the same order and the prayer made in them is similar, they are being disposed of by this common judgment.

(2.) THE material facts giving rise to this revision are that one Gokul Chamar was being prosecuted in the court of the learned Sub-Divisional Magistrate) Soraon, distcict Allahabad, for an offence punishable under Section 60 of the Excise Act. During the pendency of that case, bail was granted to Gokul and the applicants stood sureties and filed surety-bonds for his appearance in court on various dates fixed for its hearing. On the 16th September, 1968, the accused failed to turn up in court and consequently the learned Magistrate passed an order cancelliag his bail bonds and issuing bailable warrants for his arrest and production in court. Notice was ordered to issue to the sureties either to show cause as to why the amounts of the surety-bonds filed by them be not realised from them or to produce the accused on the 4th October, 1968. The applicants failed to show satisfactory ceuse or to produce the accused before the learned Magistrate. Ultimately by an order dated 17th January 1969, the learned Magistrate ordered realisation of the amount of the surety-bonds executed by the applicants from them. Against the order dated 17th January 1969, the applicants filed an appeal before the teamed Sessions Judge, Allahabad. It was heard by tbe learned Second Additional District and Sessions Judge, who, by his order dated 30th August, 1969, dismissed the appeal. No revision appears to have been filed in this Court against the order of the learned Second Additional District and Sessions Judge, The orders passed by the learned Magistrate dated 17th January, 1939 and that of the learned Second Additional District and Sessions Judge dated 30th August, 1969 consequently became final.

(3.) SUBSEQUENTLY the applicants filed a petition on the 6th September, 1969 in the court of the learned Sub-Divisional Magistrate, Soraon, praying that the amounts of the surety-bonds be remitted in full. This application was made on the allegations that Gokul was in jail in the district of Pratapgarh dueing the material time and consequently the applicants, who stood sureties for his appearacce, were prevented by cause beyond their control from complying with the bonds filed by them. The learned Magistrate passed the following order: