ISHAR Vs. STATE

JUDGEMENT

(1.) THIS is a revision petition by Ishar against an order of the District Magistrate of Jhunjhunu, dated the 30th of April, 1954, confirming on appeal an order of the Extra Magistrate of Jhunjhunu dated the 2nd of March, 1954 by which surety bond of Ishar for a sum of Rs. 2000/- was forfeited.

(2.) IN the case State vs. Jhabar and Remeshwar under sec. 394 I. P. C , Jhabar was released on bail on the 26th of December, 1952 and a personal bond was executed by him for Rs. 2000/- and a surety bond was executed by Ishar in the like amount. The accused, Jhabar continued to attend the court of the Extra Magistrate Jhunjhunu regularly upto the 25th of September, 1953, but failed to appear on the 20th of October, 1953. A notice was issued to Ishar by the Extra Magistrate to show cause why his surety bond be not forfeited and on the2nd of Mar. , 1954, he expressed his inability to produce Jhabar saying that the accused was absconding and it was not possible for him to procure his attendance. The learned Extra Magistrate thereupon record an order of forfeiture of the surety bond. An appeal was preferred by Ishar to the court of the District Magistrate, Jhunjhunu, which was dismissed on the 30th of April, 1954.