BUBAI MANJHI Vs. STATE

JUDGEMENT

(1.) This is an application against an order passed under Section 514 of the Code of Criminal Procedure forfeiting a sum of Rs. 100/- from the ad interim bond of each of the members of a proceeding under Section 107, Criminal Procedure-Code. The facts are as follows:

(2.) A proceeding under Section 107 of the Code of Criminal Procedure was started on 6-11-1954, and the petitioners were asked to execute ad interim bonds on 30-11-1954. The bonds were duly executed, and one of the terms of the same was that in case of any of the petitioners committed breach of peace or did any act leading to a breach of peace before the termination of the proceeding, a sum of Rs. 1,000/- for which the bond stood would be forfeited. On 22-11-1955, it is said, the petitioners harvested the paddy from the land, which was the subject matter of dispute, and on 23-11-1955, the police submitted a report of the petitioners' having harvested the paddy, although the proceeding had not terminated and on this report the learned Magistrate ordered a notice to issue for showing cause as to why the amount mentioned in the ad interim bonds should not be forfeited.

(3.) It appears from the record that although the learned Magistrate adjourned the matter front date to date, no show cause petition was filed by any of the petitioners, as a result of which the following order was passed: