Judgement

IMAM, J. - This is an appeal by the State of Uttar Pradesh against the decision of the Allahabad High Court on a certificate granted by that Court that the case was a fit one only for appeal to this Court.

2. The undisputed facts are that one Mohammad Yasin was prosecuted under S. 379, Indian Penal Code. He was released on bail. The respondent along with one Ram Narain stood surety for him, having executed surety bonds under S. 499, Criminal P.C. undertaking to produce the accused Yasin before the Court to answer the charge and to forfeit Rs. 500 each to King Emperor Qaisar-e-Hind as a penalty if they failed to do so. Yasin absconded. All attempts to secure his presence before the Court were of no avail. Consequently notices were issued under S. 514, Criminal P.C., to the sureties to show cause why their bonds should not be forfeited. The Magistrate, after giving the matter his consideration, ordered their bonds to be forfeited to the extent of Rs. 300 each. The respondent appealed to the Sessions Judge of Gonda who dismissed his appeal. Dissatisfied with the orders of the Magistrate and the Magistrate and the Sessions Judge, the respondent filed a criminal revision in the