NARAIN Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision against an order of the Sub Divisional Magistrate, Bhilwara, forfeiting the personal bond of the petitioner Narain for failure to put in his appearance in that court.

(2.) THE material facts are these. It appears that the petitioner was being prosecuted in the court of the Sub Divisional Magistrate for an offence under the Dinner Control Order. THE case was fixed for the 30th April. 1951, when the petitioner failed to attend. On that date the learned Magistrate passed an order that the matter of the forfeiture of the personal and surety bonds of the petitioner be put up on the 18th May 1951. Nothing appears to have been done on that date and the case was fixed for the 6th June, 1951. On the 6th June, the accused was present but the case was not proceeded with and it was adjourned to 27th June, 1951. On that date also the accused was present but the case made no headway and it was ordered to be put up on the 9th July, 1951. On the later date, the accused was again absent and the learned Magistrate passed an order which to my mind is not quite clear but its effect was to forfeit the personal bond of the accused and also that of his surety Bakhtawar. THE learned Magistrate clearly stated, however, that it would be too harsh to forfeit the entire amount of the bond viz. , Rs. 1500/- and so he directed that a sum of Rs. 200/- only, be forfeited. THE learned Magistrate further directed that in case the amount was not recovered from the accused, it be recovered from his surety. THE accused thereafter went in revision to the learned Sessions Judge, Bhilwara, who upheld the order of the learned Magistrate. This is a revision against the latter order.