MANGLA Vs. STATE

JUDGEMENT

(1.) THESE are two connected revisian-petitions arising out of the same order dated September 16, 1976, passed by the Sessions Judge, Banswara. The short point involved in these revision-petitions is whether the personal bond and the surety bond in question are legally enforceable.

(2.) IT appears that on March 4, 1976, 14 bags of sugar recovered from the house of one Kundan Lal were entrusted to Mangla Superd-dar as Mangla claimed that the sugar belonged to him and had been given to him for sale as he was a licence holder for sale of controlled sugar. Since it was found that Mangla's licence had expired on Feb. 12, 1976, the learned Magistrate called upon him to produce 14 bags of sugar and on having failed to do so, forfeited the personal bond for Rs. 8000/- furnished by him. The learned Magistrate also ordered forfeiture of the surety bond furnished by Anant Lal in the sum of Rs. 5000/-, for production of 14 bags of sugar by Mangla. On failure of Mangla to produce the sugar, the learned Magistrate directed forfeiture of personal bond as well as surety bond. Mangla as well as his surety Anant Lal filed appeals in the court of the Sessions Judge, Banswara, and the same having been dismissed, they have filed these two revision-petitions.