Judgement

SHELAT, J. (on behalf of Wanchoo, CJI., himself and Vaidialingam, J.):- The Appellant, a practising advocate, was engaged by Rama Shamal and Raiji Shamal two of the accused in Criminal Case No. 26 of 1963 in the court of the Judicial Magistrate, Baroda, in respect of charges under Sections 302, 436, 334 read with Section 149 of the Penal Code. On January 12, l963, the appellant presented a bail application on behalf of the said two accused. The Magistrate granted bail on each of the two accused executing a personal bond of Rs. 1500 with surety for the like amount. On January 24, l963, bail bonds were furnished by a person calling himself Udesing Abhesing. The appellant identified that person as Udesing Abhesing and as personally known to him. On the strength of his identification the Magistrate accepted the bonds and released the two accused on bail. 735 Thereafter, one of them absented himself from the Court on three occasions and the Magistrate issued a notice on the said surety. On March 11, 1963, the real Udesing Abhesing appeared anti denied that he had executed the said bonds or stood as surety. The Magistrate issued an informal notice to the appellant to explain why