S.MURTAZA FAZAL ALI, V.R.KRISHNA IYER
Anwar Ahmad – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT
FAZL ALI, J.:—This appeal by special leave involves a short point of law relating to the legal enforceability of a personal bond executed by 681 the appellant before the police for the production of the car belonging to him, which was alleged to have been stolen. The facts leading to the appeal fall within a very narrow compass.
2. The appellant appears to have bought a car No. USD 5317 from the dealers on the basis of a hire purchase agreement. He filed a report before the police alleging that Ran Singh and others had practised a fraud on him and had taken away his car and had not returned the same. On 3-12-1969, the police during the course of investigation recovered the car and handed it over to the appellant on supardnama on his executing a personal bond whereby the appellant undertook to produce the car in the court whenever necessary, and in the case of failure to do so, he bound himself to pay a penalty of Rs. 5,000/-. By the time the matter came to the Court, two years had elapsed and on 14-9-1971, the Munsiff Magistrate, Meerut, called upon the appellant to produce the car, and as he was unable to do so, a notice was issued under Sec. 514 of Cr. P. C. for for-feitu
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