BHOPAL SINGH Vs. STATE

JUDGEMENT

(1.) THIS is a revision against an order of the Sessions Judge, Balotra, by which he has upheld the order of forfeiture of the surety bond of the petitioner Bhopal Singh.

(2.) THE material facts are briefly these. THE accused Rania and another were committed by the First Class Magistrate Balotra to stand their trial in the court of the Civil and Additional Sessions Judge, Balotra and were directed to appear in that court on the 25th July, 1951. Rania, therefore, appeared in the court of the Additional Sessions Judge on that date. He was released on bail on the same day on producing a bail bond in the sum of Rs. 1000/- and a surety for the like amount. Bhopal Singh the present petitioner is the surety. THE surety bond was executed on the same day, viz. , the 25th July, 1951 Rania continued to appear in the court of the Additional Sessions Judge on various hearings proceeding the 18th February, 1953. He however, failed to appear on the last mentioned date. THEreupon the respective bonds of the accused and the surety were forfeited and notices were issued to show cause why the penalty mentioned in the bond should not be recovered. Bhopal Singh thereupon raised a number of objections, with which I propose to deal presently, and these objections were overruled by the Additional Sessions Judge. THEreupon Bhopal Singh went in revision to the learned Sessions Judge who also upheld the order of the trial Judge. This revision has been preferred against the order of the Sessions Judge.