KAMAL BAI Vs. CHIEF JUDICIAL MAGISTRATE, GWALIOR

JUDGEMENT

(1.) The grievance raised in this petition is of a nature which seldom comes up to this Court for adjudication.

(2.) For the purpose of determining whether the sureties are sufficient, the Court may, if it so thinks fit, accept affidavits in proof of the facts contained therein relating to the sufficiency of the sureties or may make such further inquiry as it deems necessary.

(3.) Availability of movable as well as immovable assets with the surety both may be taken into consideration so as to ascertain the fitness of the surety and reliability of the assets in the event of an occasion arising for forfeiture of the bonds. As to how an inquiry is to be conducted, no procedure is laid down and hence the presiding officer faced with the task of forming an opinion would be free to devise and regulate his own procedure, of course keeping at a safe distance from whim, fancy and caprice.