RAMESH LAL Vs. STATE OF J&K

JUDGEMENT

(1.) THIS Criminal revision is directed against the order dated 13.09.1999 passed by the 1st Additional District & Sessions Judge, Jammu by virtue of which he forfeited the surety furnished by the petitioner in case State vs. Ashwani Kumar. The order impugned reads as under: -

(2.) THE question arises whether failure to produce the accused as undertaken by the surety makes him liable to pay the amount of surety without asking him to show cause why the amount of bond should not be paid by him. Learned court appears to have passed this order hurriedly without going through the mandate of Sub -Section (1) of Section 514, relevant portion of which is extracted below: -

(3.) FAILURE of the petitioner (surety) to appear on the date fixed may justify an order of forfeiture of the surety, but this does not absolve the court to ask him either to pay the amount of the bond or show cause why it should not be paid by him. This question is however, no longer res -Integra in view of the decision of this court in Mohd. Hussain Banday vs. State of J&K (1972 KLJ 362) wherein it has been laid down that: -