TILUMAL Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision against an order of the learned Sessions Judge, Ajmer directing recovery of penalty on forfeiture of surety bond executed by the applicant for the appearance of Mst. Iraka in that court. Mst. Iraka was convicted by the Magistrate First Class No. 2, Ajmer under sec. 9 sub-clause (a) of the Opium Act and was sentenced to six months' rigorous imprisonment. Against her conviction she preferred and appeal in the court of the learned Sessions Judge, Ajmer who allowed her bail on 7th April, 1960 on her furnishing a personal bond in the sum of Rs. 200/- and two sureties in the sum of Rs. 1000/- each to the satisfaction of the trial Magistrate. The applicant furnished his surety bond in the Magistrate's court on nth April, 1960 and Mst. Iraka was released on bail. The hearing of the appeal was fixed on 3rd May, 1960 but Mst. Iraka failed to appear on this date and the learned Sessions Judge, therefore, ordered the forfeiture of the personal bond and the surety bonds including the one furnished by the applicant. Notice was issued to the applicant to show cause why the penalty mentioned in the bond be not realised from him. The applicant appeared in that court and took time to produce Mst. Iraka. On the next date the applicant informed the court that he had come to know that Mst. Iraka died in a train accident at Garhi Harsaru Railway Station. The learned Sessions Judge was not satisfied with the explanation given by the applicant and doubted whether Mst. Iraka had actually died in the train accident. He, therefore, directed that the full amount of penalty be recovered from the applicant.

(2.) IN this revision application learned counsel for the applicant has invited my attention to the surety bond and has contended that it does not contain the name of the court and the time and place where Mst. Iraka was to appear and is executed in favour of Magistrate First Class No. 2 and therefore, there has not been any forfeiture of the bond for the non-appearance of Mst. Iraka in the court of Sessions Judge, Ajmer on 3rd May, 1960. IN support of his contention he has referred to Chiranjilal Vs. Thestate (1) Allabux Vs. The State (2) State of Bihar Vs. M. Homi (3) State of Utter Pradesh Vs. Mohammed Sayeed (4) and Roshan Lal Vs. State (1 ).