DALEL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal against the order of the Additional Sessions Judge, Kamal, dated 23rd December, 1982, by which he forfeited the surety bond and called upon the appellant under section 446 of the Code of Criminal Procedure to pay a sum of Rs. 10,000.

(2.) The facts which give rise to this appeal are that one Tara Chand was an accused in a case F.I.R. No. 0104 dated 30th December, 1981, of Police Station, Barkatha, of Gorhar district of Bihar State under sections 307 and 325 of the Indian Penal Code. This police station, as per the application submitted by the Kamal police before the District Magistrate, was situated in Bihar State. Tara Chand aforesaid was arrested by the Kamal police on the basis of the information received from Police Station, Barkatha, in the State of Bihar. He applied before the Additional Sessions Judge, Kamal for being released on bail to enable him to appear at Police Station, Barkatha. The learned Additional Sessions Judge vide his order, dated 3rd February, 1982, passed the following order on the application submitted by him ... He is directed to surrender himself before the Magistrate of Police Station, Barkatha, District Gorhar, Bihar... The appellant, Dalel Singh, stood surety in the amount of Rs. 10,000 and undertook that Tara Chand would appear before the Ilaqa Magistrate in charge of Police Station, Barkatha, District Gorhar, and that in case of his nonappearance he would be liable to pay Rs. 10,000 to the State.

(3.) It appears that Tara Chand accused tried to locate this Police station in District Gorhar but was unable to do so. He surrendered himself in the Court of the Sessions Judge, Patna, and moved an application before him wherein he stated that he had visited all the districts of Bihar but could not locate any Police station by the name Barkatha Police Station. The learned Sessions Judge dismissed the application and directed him to appear in the concerned Police station. Shri Satyendra Kumar Roy an advocate of Patna, gave a telegram to the learned Additional Sessions Judge, Kamal, intimating that Tara Chand accused had appeared before the Sessions Judge, Patna and brought to his notice that there was no such Police section existing. However, from a letter written by the Police of Police Station, Barkatha, to the Kamal Police it became clear that this Police station existed not in District Gorhar but in District Hazaribagh. The Kamal Police moved the Additional Sessions Judge, Kamal, for the forsteiture of the surety bond. Consequently the learned Additional Sessions Judge gave notice on 31st March, 1982, to the appellant to show cause why the surety bond be not forfeited. The appellant placed on record the application given by Tara Chand accused in the Court of the Sessions Judge, Patna, and also the telegram written by Shri Satyendra Kumar Roy Advocate from Patna.