1. This is an application by a surety and it raises a question which arises not infrequently for decision and is, therefore, of some importance.

2. One Shivraj S. Kapoor was arrested at about 9-30 p.m. on 27-9-1951, in connection with an offence under the Bombay Prohibition Act 1849. I am told the offence was one under Section 65 (a) of the Act.

Upon the applicant standing a surety for the accused for his appearance in the Court of law, Shivraj S. Kapoor was granted bail and was released. The bond executed by the applicant was lor a sum of Rs. 20,000. The obligation undertaken by the surety was to the effect that the accused would appear in the Court of the Presidency Magistrate or in the Court of any other Magistrate to which the case might be transferred on 28-9-1051, or on such other days that he might he thereafter required to attend to answer further to the charge pending against him until the case was finally disposed of by the Presidency Magistrate trying the case.

On 8-2-1952, a charge-sheet was presented by the police against the accused before the 16th Court and the case was transferred to the 13th Court on 24-10-1952. On February 10, 1953, the accused Shivraj S. Kapoor