GIRIN (GIRINDRA) DAS GUPTA Vs. EMPEROR

JUDGEMENT

(1.) The facts which give rise to this Rule are as follows:

(2.) One Bhudeb Mukherjee, Sub-Deputy Magistrate, was an accused in a case under Section 409, I.P.C., before the District Magistrate of Dacca. He was absconding. A non-bailable warrant was issued for his arrest on 28 February 1934. This was followed by proclamation and attachment issued on 22 March, 1934. He was arrested by the police on 3 June 1934 in a house on Strand Road in Calcutta. On that date the police addressed a petition to the Additional District Magistrate of Alipore praying that the accused should be remanded to custody for being escorted to Dacca. The second Police Magistrate of Alipore, Mr. G.R. Mnkherjee, however released him on a bail on that date. The petitioners who have obtained this rule became surety for the appearance of Bhudeb before the District Magistrate of Dacca on 18 June 1934 and bound themselves in default thereof to forfeit the sum of Rs. 1,000 each of His Majesty the King-Emperor of India. On 9 June 1934 the proceedings before the Second Police Magistrate of Alipore were withdrawn by Sadar, Subdivisional Officer of Alipore, to his own file.

(3.) The learned Subdivisional Officer then cancelled the order for bail, issued a warrant for the arrest of the accused and also isssued notices on the sureties i.e., the petitioners, to produce the accused before him on 11 June 1934. This case after two adjournments was fixed for 18 June 1934 on which date a telegram was received from the District Magistrate of Dacca that the accused did not appear before that Court. On 23 June 1934 the learned Subdivisional Officer drew up proceedings against the petitioners under Section 514, Criminal P. C, and asked them to show cause why their bail bonds should not be forfeited. The petitioners thereupon showed cause. The cause shown was not accepted and the learned Subdivisional Officer forfeited the entire amounts of the bonds. On appeal the learned Additional District Magistrate of Alipore held that the learned Subdivisional Officer had no jurisdiction to take action under Section 514, Criminal P.C., for failure of Bhudeb to appear on the due date before the District Magistrate of Dacca. He accordingly set aside the order of forfeiture of the Subdivisional Officer and directed a copy of his order to be sent to the District Magistrate of Dacca for his information on 21 August 1934.