KALI CHARAN Vs. STATE

JUDGEMENT

(1.) THIS is a revision application by one Kali Charan against the order forfeiting his surety bond in a sum of Rs. 2000/- executed by him in connection with the appearance of one Mahavir Prasad in a case under section 366 I. P. C. The relevant facts are briefly these: On 28. 3. 69, Kali Charan executed a surety bond undertaking to produce Mahavir Prasad accused on 3-4-69 in the court of the Munsif Magistrate, Dholpur and in any other court to which the case may be transferred, failing which he would pay Rs. 2000/- and the Government could recover the same from him. The bond was verified by the Additional Sessions Judge, Dholpur in whose court it was produced. On 265 70 the accused was absent though his surety, the petitioner, was present. The learned Additional Sessions Judge forfeited the entire amount of the bond and gave 15 days time to the petitioner to deposit the amount.

(2.) IN assailing the legality of this order it was contended by counsel for the petitioner that, in the first place, the bond was for appearance in the court of the Munsif Magistrate or to such other court to which the case might be transferred, but was not for appearance in the court to which the case might be committed. IN the second place, it was submitted that no opportunity was afforded to the petitioner to show cause against the forfeiture of the bond. Lastly, it was urged that the entire amount of the bond forfeited and this was excessive. It was pointed out that there was no connivance or negligence on the part of the petitioner for the non-appearance of the accused.