BHAWAN Vs. STATE

JUDGEMENT

(1.) THIS is an application by the four sureties, Bhawan, Shanker, Bapu Lal, and Shiv Narain, whose surety bonds for the attendance of certain accused have been forfeited to the extent of Rs. 100/- each. The full amount of the surety bonds was Rs. 2000/- each.

(2.) THE accused for whom the applicants stood as sureties did not attend the court of the Magistrate on the 21st of November,1951,but sent an application that there was a marriage in their family on the date of hearing, and so they could not attend, and the case be postponed. This application was sent by post, and appears to have reached the Court some time after the order regarding forfeiture of bonds was passed on the 21st of November, 1951. THE learned Magistrate called upon the sureties to show cause why they should not be made to pay the penalty of the bond. THE sureties appeared, and stated that the reason for the non-attendance of the accused was the marriage in their family, and so the bonds ought not to be forfeited. THE learned Magistrate, however, forfeited the bonds to the extent of Rs. 100/- each.