DURGESH RANJAN CHAKRABORTY Vs. THE ADMINISTRATION OF TRIPURA

JUDGEMENT

(1.) THIS is a reference made by the learned Sessions Judge of Tripura under Section 438 Cr. P. C., recommending that the order dated 3 -4 -62, of the District Magistrate directing the issue of warrant of arrest against the surety petitioner is illegal and without jurisdiction and as such should be set aside.

(2.) THE reference arises in the following circumstances : On 13 -5 -61, under the orders of Shri S. C. Das, Magistrate First Class, Sonamura, three accused persons Achanullah, Asmat All and Mairan Bibi were committed to the Court of Sessions, Tripura on charges under Section 304 I. P. C. and 304/109 I. P. C. Thereafter under the order of the Sessions Judge the accused Achanullah was released on a bail bond of Rs. 400/ - executed by him along with two sureties namely the petitioner Shri Durgesh Ranjan Chakraborty, Pleader and another man named Abdul Hamid. The bail bond was for appearance of the accused in the Court of Sessions and was accepted on 24 -5 -61 by Shri N. N. Choudhury, Additional District Magistrate, Tripura for the District Magistrate, Tripura. The Sessions Case arising out of the commitment order being Sessions Case No. 10 of 1961 having been transferred by the Sessions Judge to the Court of Shri S. B. Laskar, Assistant Sessions Judge, the latter fixed 7 -8 -61 for trial. On 7 -8 -61 the accused Achanullah failed to appear in Court and the petitioner Durgesh Ranjan Chakraborty who stood surety for him filed a petition praying for 15 days time but the learned Assistant Sessions Judge rejected the prayer and passed an order forfeiting the bail bond of the accused and also directed issue of non -bailable warrant of arrest and a distress warrant for realisation of the forfeited money against the accused Achanullah, On 22 -8 -61 the learned Assistant Sessions Judge further recorded an order to the following effect:

(3.) ON the basis of the said order of the learned Assistant Sessions Judge, a Misc. Case, being Misc. Case No. 3 of 1961 under Section 514 Cr. P. C. was registered in the Court of the District Magistrate against the sureties Abdul Hamid and Durgasb Ranjan Chakraborty, Pleader, and on 26 -9 -61, the District Magistrate Shri L. B. Thanga passed an order for issuing of notice upon the bailors to produce the accused persons on 11 -10 -61. Accordingly notice was Issued on the sureties calling upon them to produce the accused In the Court of the District Magistrate on 11 -10 -61. Thereafter on 24 -11 -61 separate petitions were filed by the two sureties including the petitioner Durgesh Ranlan Chakraborty stating inter -alia that they did not give any undertaking to produce the accused in the Court of the District Magistrate, Thereafter the case was adjourned from time to time till 3 -4 -62. On that date the learned District Magistrate Shri L. B. Thanga passed the impugned order to the following effect: