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1962 Supreme(Pat) 24

S.P.SINGH, U.N.SINHA, S.C.MISRA
In Re – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This proceeding against Sri Baleshwar Lal, Mukhtar practising at Monghyr, relates to an identification made by him of the bailor one Kishun Gope who stood surety, for an accused person Baldeo Mushar in case no. 92OC2 of 1958 (State V/s. Baijnath Singh and others) in the court of Sri Ramkripal Singh Munsif-Magistrate, Monghyr. The accused was granted bail in due course, but on the date fixed for hearing of the case the accused did not appear and apparently absconded. Notice was accordingly issued upon Kishun Gope, the bailor, to show cause why his bail bond should not be forfeited. But notice could not be served inasmuch as no such person of the name, parentage and address given in the bail bond was to be found. The Mukhtear, Sri Baleshwarlal, identified the bailor and) accordingly he was directed by the court to supply the correct address of Kishun Gope; but the Mukhtear failed to carry out the direction of the court.

Accordingly a charge, was drawn up against him under Sec.13(b) of the Legal practitioners Act_ and he was noticed to show cause as to why action should not be taken against him for wrongly identifying Kishun Gope who stood surety for the accused, Baldeo Mus




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