RAMESH CHANDRA MOHAPATRA Vs. STATE

JUDGEMENT

(1.) DHANAPATI Raj was convicted under Section 12 of the Orissa Motor Vehicle Taxation Act by the Sub -divisional Magistrate, Baudh, and sentenced to pay a fine of Rs. 600 - on 25 -5 -1964. On 24 -5 -1964 the Petitioner became a surety for Dhanapati Raj for an amount of Rs. 1200 - and executed a bond in Form No. XLII. The accused was directed to pay the fine on 15 -6 -1964. As the accused did not pay the fine in time, the bail bond was forfeited on 24 -7 -1964. It is to be noted that the bond should not have been taken in Form No. XLII but should have been in Form No. XXXVII -A as the accused had already been convicted and sentenced to pay a fine. On 24 -7 -1964, the Petitioner was called upon to show case why he should not pay the penalty prescribed in the bond. On 21 -8 -1964 the Petitioner filed an application for time to produce the accused. The application was rejected and the Petitioner was directed to pay the penalty of Rs. 1200 -. Against this order, Criminal Appeal No. 1 of 1964 was filed before the Additional District Magistrate . This revision is against the appellate order dismissing the appeal.

(2.) MR . Ghosh advanced two contentions

(3.) FORM No. XXXVII -A, on the other hand, is prescribed under Section 388, Code of Criminal Procedure which, relates to suspension of execution of sentence of imprisonment. The entire form may be quoted: