CHANAN SHAH Vs. THE STATE

JUDGEMENT

(1.) THIS is a revision filed by Chanan Shah against the order of the learned District Magistrate, Ambala, affirming on appeal the forfeiture of the bail -bond of the Petitioner but reducing the amount of penalty payable by him from Rs. 500 to Rs. 250.

(2.) THE brief facts giving rise to the present petition are that one Parma Nand was arrested in a case under Section 61 of the Punjab Excise Act. He was released on bail by the police on the Petitioner standing surety for him in the sum of Rs. 500. The Petitioner in that connection executed bond on 9th August, 1961 and it was recited in the bond that the Petitioner would produce Parma Nand 'Indal -talab' (which means, according to the Urdu English Dictionary by J.T. Platt, "on demand)" in Court, and in case of failure to do so would pay Rs. 500 as penalty. Perma Nand did not appear in Court and a notice was issued to the Petitioner to produce Parma Nand. As the Petitioner failed to produce Parma Nand, his bond was forfeited and penalty was imposed upon him. A plea was raised on behalf of the Petitioner that the bond was defective this plea was repelled.

(3.) MR . Har Bhagwan has referred to case Mon Mohan Chakravarti and Anr. v. King -Emperor : A.I.R. 1928 Cal. 261, but the facts of that case are clearly distinguishable as the sureties in that case undertook to produce the accused at the Sessions Court at Dacca whenever called upon to do so. It would, thus, appear that the Court and the place where the accused was to be produced had been specified in the bond in that case, while it is not so in the present case. Another case cited by Mr. Har Bhagwan is Harbilas v. The State, A.I.R. 1952 M.B. 2. Perusal of the facts of that case goes to show that on construction of the bail -bond it was held that the surety undertook to produce the accused before the Sub -Divisional Magistrate concerned whenever and wherever called upon to do so. It would, thus, appear that the Court in which the accused was to be produced in that case had been specified. This circumstance distinguishes the facts of that case from those of the present case. Apart from that, the terms of the bond in the present case are quite different and, as stated above, the dictionary meaning of the word 'Indal -talab' is "on demand". The undertaking by the Petitioner to produce the accused 'Indal -talb' cannot be equated with an undertaking to produce an accused wherever and whenever called upon to do so.