IJAT ALI Vs. STATE

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 1.11.62 passed by the learned Additional District Magistrate disposing of the appeal should be set aside as illegal and without jurisdiction and the appeal should be reheard on merits by the District Magistrate who alone is competent to hear the same.

(2.) THE facts which led the Sessions Judge to make the reference are as follows: The petitioner Ijat Ali stood surety after executing two ball bonds for Rs. 100/ - each on 22.9.60 in favour of 2 persons named Abdul Ajij and Noab Ali, who were arrested by the Police under Section 54 Cr.P.C. The bail bonds did not mention the name of the specific Court before which they were executed but were accepted by Shri S.C. Chakraborty, Sub -Divisional Magistrate, Belonia, On 24.10.60 notice was issued from, the Court of the Sub -divisional Magistrate, Belonia on the petitioner calling upon him to show cause why the amounts of the two bails bond's should not be forfeited, A similar notice was also issued on the petitioner on 3.2.61. Thereafter on 1.3.61 a case being Misc. Case No. 12 of 1961 under Section 514 Cr.P.C. was registered, against the petitioner and order was passed for issue of another notice on the petitioner to deposit the forfeited amount of money on failure of which it was ordered that distress warrant should be issued. Accordingly on 11.3.61 notice was issued on the petitioner in respect of the bail bond executed by him for the accused Noab Ali informing him that on his failure to appear in response to the Court's order Rs. 100, -would be forfeited; and directing him to deposit the same amount of money by 29.3.61 or to show cause by that date as to why the said amount should not be realised from him In accordance with law.

(3.) BEING aggrieved by this order the petitioner filed Criminal Revision before the learned Sessions Judge, Tripura and the Sessions Judge after hearing the counsel for the petitioner and that learned Government Advocate has made this reference for setting it aside.