DAYAL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision Under Section 397/ 401, Cr. P. C. by the surety Dayalchand is directed against the order dated July 30, 1981 of the Additional Sessions Judge, Raisinghnagar, by which, he maintained the order dated August 27, 1980 of the Judicial Magistrate, Raisinghnagar.

(2.) A few facts leading to this revision petition may briefly be stated; In Criminal Case No. 86 of 1979, the learned Judicial Magistrate, Raisinghnagar was trying the accused Amuntullah for the offence Under Section 3/6 of the Passport Act (No. XV of 1967) and Section 3/14 of the Foreigners Act (No. XXXI of 1946 ). He was ordered to be released on bail on furnishing two surety bonds in the sum of Rs. 5000/-each. Petitioner Dayalchand and one had Prakash furnished personal bonds in the sum of Rs. 5000/- each in the court of Judicial Magistrate, Raisinghnagar. The accused failed to appear in the court of the Judicial Magistrate, Raisinghnagar. Thereupon, the learned Judicial Magistrate, forfeited the amount of the personal bond and the surety bonds and directed for issuance of the notice to the sureties. The learned Judicial Magistrate by his orders dated August 27, 1980, ordered for the realisation of the amount of the bonds of both the aforesaid sureties. Feeling aggrieved, the petitioner and Ved Prakash preferred appeal and the learned Additional Sessions Judge by his order dated July 30, 1981 maintained the order of the Judicial Magistrate. Hence this revision by the petitioner Dayalchand.

(3.) LEARNED Counsel for the parties stated that as the revision petition involves a short point, the arguments may be heard and it may finally be disposed of.