POONAM CHAND Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision against an order directing the forfeiture of a bond for personal appearance of the accused Poonamchand in a case under sec. 427 I. P. C. pending in the court of the Second Class Magistrate, Jaswantpura.

(2.) IT appears that on 16. 10. 1951, when the case was called for hearing, the accused was absent, and an application was filed on his behalf by another accused Okhchand who is Poonamchand's brother that the accused Poonamchand had fallen ill in Bombay and was, therefore, unable to attend the court. A medical certificate was produced in support of the application. An objection was raised on behalf of the prosecution that the certificate was not of a Government doctor, and no reliance be placed on it, and it was prayed that the accused's bond be forfeited. The learned Magistrate accepted this plea, and forfeited the personal bond of the accused, and also the surety bond, and directed a notice to show cause and to produce evidence. The case was then fixed for the 19th November, 1951. On that date, Poonamchand was again absent and a further application supported by a medical certificate was produced on his behalf by his brother Okhchand. The court observed that the personal bond of the accused had already been forfeited and a notice directed to be issued to him but did not appear to have been issued. The court, therefore, ordered that a fresh notice be issued. On 14. 12. 1951, which was the next date of hearing, the surety of Poonamchand appeared and filed an application that Poonamchand was ill in Bombay and, therefore, the amount of the surety bond may not be recovered. The surety also stated that he wanted to produce evidence in support of Poonam-chand's illness. Thereupon, the court directed the surety to produce his evidence on the next hearing which was fixed for 11. 2. 1952. On 11. 2. 1952, the Magistrate ordered that the evidence regarding Poonamchand's illness be produced on the next hearing i. e. , 17. 3. 1952. On 17. 3. 1952, Poonamchand was absent. The court observed that there was no reason for Poonamchand's absence nor had any certificate of illness been produced, and, therefore, directed that his personal bond and the surety bond be forfeited, and that notices be issued to the persons concerned to deposit the bond-money. The case was then fixed for 28th April, 1952. On 28th April 1952, Poonamchand was present. The order-sheet shows that Poonamchand wanted time to deposit the amount of the personal bond, and the court, therefore, gave him time to do so until the next hearing. IT is against the order dated 17th March, 1952, that a revision was filed by Poonamchand before the learned District Magistrate, the present revision has been filed in this Court.