ALLABUX Vs. STATE

JUDGEMENT

(1.) THIS is a revision against an order of forfeiture of a bond and directing realisation of the penalty.

(2.) ONE Shaukat was challaned in the court of City Magistrate for an offence under sec. 406 of the Penal Code. He was directed to be released on bail by the City Magistrate on 24th of July, 1951, and a bond for appearing in the court of City Magistrate on 25th of July, 1951, and subsequent dates was executed by the accused and his surety Allahbux. The case was, thereafter transferred to the court of First Class Extra Magistrate, Jodhpur. On the 25th July, 1951 the Extra Magistrate ordered for a fresh bond and surety and rightly so as the previous bond and surety was for attendance in another court. The bond was executed by the accused and the surety on the 25th of July, 1951, on a printed form. This form was slightly different from form No. 25 in the Criminal Procedure Code. The bond was executed by the accused and the surety and the relevant portion of it is as follows: "i, Shaukat Khan do hereby bind myself to appear on date (. . . . . . . .), month (. . . . . . . . . . . . . . . . . . . . . .) (year. . . . . . . . .) at time (. . . . . . . . . . . . . . . . . . . . . . .) in the court of First Class Extra Magistrate, Jodhpur City, to answer the charge and shall continue to be present unless prohibited by the court or otherwise, and in case of my making default therein, I bind myself to forfeit and deposit the sum of Rs. 1000/ -. Dated 25th July, 1951. " "i, Allahbux declare myself surety for the above-mentioned Shaukat Khan that he would attend the court of the First Class Extra Magistrate, Jodhpur on date (. . . . . .) month (. . . . . . . . . . . . . . . . . . . . .) year (. . . . . . . . . . . . . . .) and shall continue to be present until ordered otherwise by the court, and in case of his making default therein, I hereby bind myself to forfeit and deposit Rs. 1000/ -. Dated 25th July, 1951. " The next date of hearing was 29th August, 1951, and the accused Shaukat did not present himself in court. Somebody on his behalf presented a sick certificate and the case was adjourned to 18th September, 1951. On the 18th September, the bond was declared forfeited and a notice was issued to the surety to show cause why the entire amount should not be recovered. The surety did not present himself on the date fixed and the court ordered for recovery of the entire amount of the bond on 17th October, 1951. After waiting for a period of seven days, the court issued a warrant for attachment of his property whereupon the surety appeared on 29th of December, 1951. According to the report of the Nazir, no movable property of the surety was available and the court ordered the surety to be put in civil jail for a period of four months. The surety filed an appeal and the learned District Magistrate reduced the amount to be recovered to Rs. 250/ -. The surety has filed this revision