ABDUL REHMAN Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by Abdul Rehman against the order of the district Magistrate, Ganganagar, dated the 16th October, 1962.

(2.) THE facts giving rise to it are that on a complaint for an offence under Section 313 I. P. C. filed by one Gangabishan, accused Doshu Mohd. was required to furnish a personal bond for Rs. 1000/- together with one surety for the like amount. The accused accordingly executed a personal bond on 22nd May, 1962 for his appearance in the Court on 12th June, 1962 and the following dates, if any, which were to be fixed by the Magistrate. The present petitioner Abdul Rehman stood surety for him. The accused failed to put in his appearance in the Court of tehsildar who was Second Class Magistrate at Hanumangarh on 12th June, 1962. The said Magistrate, therefore, forfeited the bond and imposed a penalty of Rs. 1000/- on the petitioner. Aggrieved by that order dated the 31st July, 1962, the petitioner filed an appeal in the Court of District Magistrate, Ganganagar.

(3.) IN the Court of Second Class Magistrate, it was urged by the petitioner that the accused was suffering from typhoid fever and it was on account of that reason that he was unable to attend the Court on 12th June, 1962. In support of this plea, he examined the Sarpanch and a few other witnesses. The Second Class Magistrate did not believe this evidence, though no evidence was produced from the other side in rebuttal. A perusal of the order of the District Magistrate shows that he was vacillating and could not come to a firm decision whether the evidence produced by the petitioner was reliable or not. It appears from his order that, at one stage, he did not rely upon the petitioner's evidence, but, at the later stage, when he was considering the question of penalty, he made an observation to the effect that the petitioner was entitled to a lenient punishment in view of the illness of the accused. He, therefore, reduced the penalty from Rs. 1000/-to Rs. 600/ -.