INDER SINGH Vs. STATE

JUDGEMENT

(1.) This is an application in revision by Inder Singh and Makhan Singh against the order, of the Sessions Judge of Meerut upholding the order of the Magistrate directing each of the applicants to deposit in court Rs. 1200/- as penalty for being unable to produce the accused in court to undergo the trial.

(2.) The only point urged before me is that when the case was transferred from the court of one Magistrate to another ill cases where the sureties had undertaken to produce the accused before the former court, the surety bonds stood discharged as soon as the case was transferred to another court, and that the bonds did not revive when the case was retransferred to the original court.

(3.) The facts of the case are not in controversy. One Gurbachan Singh was standing his trial Under Section 304-A IPC in the court of Shri N. C. Sharma, Magistrate of Meerut, and the present applicants stood surety for Gurbachan Singh and executed a surety bond whereby they undertook to pay the penalty if the accused failed to present himself in the court of Shri N. C. Sharma on every day of hearing for so long as the case re-, mained pending for preliminary inquiry or was committed to the court of Session. The case was later on transferred to the court of Shri Jai Chand andi (n the end to that of Shri G. A. Farooqi. When the accused did not put in appearance in the cburf of Shri G. A. Farooqi, the case was retransferred to the court of Shri N. C. Sharma who forfeited1 the surety bond and called upon them to deposit the amount of the bond or to show cause why such an order be not passed. After concluding the inquiry Shri N. C. Sharma directed the applicants to pay full penalty of Rs. 1200/- each.