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1970 Supreme(Bom) 121

R.R.BHOLE
SYED CHUNNARSHAH – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


JUDGMENT-A question, whether a person against whom proceedings for Prevention of Offences have been started can be ordered to execute a bail bond for appearance in those proceedings or cannot be ordered, arises in this application. The question arises in the following circumstances. Proceedings under section 110, Criminal Procedure Code, were initiated against the applicant before the Court of the City Magistrate, Nagpur, in the year 1967. A summons was issued against the applicant but was unserved, lateron a warrant was issued and although it was not served on a couple of occasions. it was ultimately served. The applicant was, therefore, produced before the Court and was asked to execute a bond in a sum of Rs. 3,000 with a surety of like amount for appearance on the dates of hearing during the course of the proceedings. On one or two occasions he appeared but was absent lateron. Therefore, a non-bailable warrant was issued against him. It was unserved. The bond, which he had executed for appearance, was then forfeited because the applicant did not appear on the dates of hearing. An enquiry as usual was started against his surety. It turned out that the bond was executed by a bogus














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