Judgement

SINHA J.: In this appeal we did not think it necessary to hear the counsel for the respondents on the merits of the decision appealed from in the view we have taken, as will presently appear, of the terms of the surety bond which was being sought to be enforced against the sureties, the respondents in this Court. The surety bond in question was taken in circumstances which clearly appear from the following resolution of the Government of Bihar dated the 17th October 1946:

"Whereas one Maulavi A. Ali Khan, who was convicted under S. 120-B read with S. 420, I. P. C. by the First Special Tribunal, Calcutta and sentenced to four years; rigorous imprisonment and a fine of rupees one lac which conviction and sentence have been subsequently uphold by the Patna High Court, has submitted to the Provincial Government a petition praying for suspension of his sentence in order to enable him to prefer an appeal against the said conviction and sentence to the Judicial Committee of the Privy Council.

And Whereas the Provincial Government have granted the prayer of the petitioner subject to the conditions hereinafter specified which the petitioner has accepted:

Now, therefore, the Governor o