KSHETRIMAYUM RADHA SINGH Vs. GOVERNMENT OF MANIPUR

JUDGEMENT

(1.) THIS is a Criminal Revision Cast filed against the order made by the learned Special Judge, Manipur in Criminal Misc. Case No. 134/1 of 1963.

(2.) THE facts are: The accused Kbundrakpam Chaoba Singh was a bill clerk in the Office of the Development Commissioner at Churachandpur. It is alleged that he misappropriated a sum of Rs. 10,000/ - by forging three bills. Thereupon, the matter was reported to the Officer In charge P.S. Churachandpur and he registered a case under Section 409 I.P.C. against the accused. The Police after preliminary investigation arrested the accused on 15th September, 1861 and produced him before the S.D.M., Churachandpur. An application was then moved for bail. On 14.11.1961, the learned S.D.M. passed air order that the accused be released on ball on his furnishing a personal ball bond in the sum of Rs. 2,000/ - and two sureties In the like amount each to his satisfaction. The applicant and one Kh. Chaoba Singh filed surety bonds and on the execution of those bonds the accused was released on bail. The surety bond executed by the petitioner runs as follows:

(3.) FIRSTLY , It has been contended that proper proceedings as required under Section 514 Cr.P.C. have not been taken. It was said that there was no order of forfeiture of the bonds nor a proper notice has been served upon the applicants to pay the penalty thereof or to show cause why it should not be paid. Secondly, it was urged that the terms of the surety bonds never contemplated the production of the accused before the Special Sessions Judge and the surety bonds must be enforced strictly according to the terms of the bonds. It is in the nature of a contract, and nobody can go out of the contract and enforce something which is not in the bond but it may be in contemplation of the parties. Reliance was placed by the learned Counsel on the observations of their Lordships of the Supreme Court in State of Bihar v. M. Homi (S) : 1955CriLJ1017 wherein it was held that: