JIWAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition is filed against the order of the Additional Munsif -Magistrate, Deeg dated February 23, 1973, by which the Magistrate forfeited the bond executed by the petitioner.

(2.) THE facts are these. The petitioner stood a surety to one Nivisingh, who was accused of an offence punishable Under Section 380/457 I.P.C. On June 8, 1972. Nivisingh was absent. Thereupon, the learned Magistrate issued a show cause notice to the petitioner asking him why his surety bond should not be forfeited. On February 23, 1973, he petitioner was produced before the court in pursuance of a bailable warrant. On that day, he was asked to file a reply for the show cause notice, but he did not file any reply. Thereafter the Magistrate forfeited the bond.

(3.) IN these circumstances, the order forfeiting the bail bond of the petitioner is liable to be set aside and accordingly it is ordered so.