PURNA CHANDRA CHAKRAVARTY Vs. EMPEROR

JUDGEMENT

(1.) IN this case we have read the explanation of the Deputy Magistrate. We make the Rule absolute on the ground on which it was granted, namely, that the immoveable properties belonging to the sureties should have been taken into consideration in deciding as to the stability of their position. We set aside the order of the Deputy Magistrate rejecting the sureties and direct that he do further consider the matter in the light of our remarks in Revision Case No. 1498 of 1915 to which he refers. We must, however, notice the suggestion of the Additional Magistrate that the acceptance of the sureties should be made conditional on the deposit by them of a substantial sum in cash or Government securities. We cannot accede to this suggestion, which would practically nullify the effect of our remarks with regard to the general position of sureties. The order for bail will continue until the order regarding the sureties is passed. See 32 INd. Cas. 833--Ed.