NARAYAN CHANDRA GHOSE Vs. STATE

JUDGEMENT

(1.) Criminal Revision No. 1219 of 1964 against an order of the Additional District Magistrate Midnapore, Criminal Reference No. 78 of 1965 by the Sessions fudge of West Dinajpore, Maldah and Reference No. 8 of 1986 from the Sessions Judge of Nadia are taken up together.

(2.) In the Reference matters, the applicants are practising muktears in the criminal courts who stood surety for accused persons either during trial or at the appellate stage. Eventually the convictions of the accused persons were upheld but the sureties failed to produce them for undergoing the sentence of imprisonment. Proceedings under Section 514 were drawn up and ultimately bail bonds were forfeited and penalty imposed. Appeal against the forfeiture or the bond and imposition of penalty was heard by the learned Additional District Magistrate purporting to act under Section 515 Cr. P. C.

(3.) In Criminal Revision No. 1219 of 1964 the accused appealed against an order of conviction to the High Court and was directed to be released on bail to the satisfaction of the District Magistrate. The bail bond was however accepted by the learned Additional District Magistrate who ultimately drew up proceeding under Section 514 of the Cr. P. C. forfeited the bail bond and imposed penalty. Certain other facts were mentioned in the references but as references were made on this point of law alone. I do not take those facts into consideration.