ABDUL REHMAN Vs. STATE

JUDGEMENT

(1.) THIS is a revision application under sec. 439 Cr. P. C. filed by Abdul Rehman and three others against the judgment of the Additional District Magistrate, Jodhpur dated 22nd November, 1962 whereby he upheld the order of the City Magistrate, Jodhpur, dated 17th August, 1962 and confirmed the forfeiture of the bail bonds submitted by the four petitioners.

(2.) THE facts of this case are that a case under secs. 420, 200 and 120-B Indian Penal Code was registered by the Station House Officer, Police Station, Udai Mandir against four accused persons Raghubir Singh, Balbir Singh, Balhar Singh and Darsan Singh, and as a consequence thereof they were taken in custody of the police. THE police obtained the remand for these accused up to 27th December, 1961 but they were produced before the court with a prayer on 26th December, 1961, that they may be sent to the judicial lock-up. On 29th December, 1961 the police made a request to the court that the investigation in the case was not complete and, therefore, a remand of 15 days may be again granted. In the meantime, all the four accused persons applied for their release on bail and, the City Magistrate ordered that the accused persons may be released provided they furnish personal bonds in the sum of Rs. 2000/- and two sureties of Rs. 1000/- each, and the police authorities were also directed to file the challan on 15th January, 1962. All the accused furnished their personal bonds on 30th December, 1961, and each one of the petitioners stood surety for two accused persons for the amount of Rs. 1000/ -. THE surety bonds were also filed in the court of the City Magistrate on 30th December, 1s61 and the accused were ultimately released on bail.

(3.) UNDER the circumstances, revision petition of the two surety-petitioners Chand Khan and Rehmat Khan is allowed and the proceedings taken against them to realise the penalty under the bonds are quashed.