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1964 Supreme(P&H) 38

SHAMSHER BAHADUR
Surjit Singh, S. Kartar Singh – Appellant
Versus
State – Respondent


Judgment

1. The question which arises for determination in this petition for revision is whether there could be a valid forfeiture of a bond under S. 514 of the Criminal P.C. executed not at the instance of a Court but by a police officer.

2. The petitioner Surjit Singh stood surety on 5th of April, 1961, for one Bhagtu who was an accused person in a case pending in the Court of the Magistrate 1st Class, Chandigarh. The bail-bond of the petitioner was in respect of a sum of Rs. 1,000.00 to ensure the appearance of the accused in the Court of the Magistrate. The allegation of the petitioner that the bond was executed before a police officer and not in a Court of law is not disputed. The accused did not appear in Court on 4th of October, which was the date fixed in the case and the report on the summons was that he was not traceable. A non-bailable warrant was accordingly issued but again it could not be served on the accused person. The petitioner as surety was then summoned on 13th of November, 1961. Despite the time allowed to the petitioner he could not produce the accused in Court and made a statement on 15th December, 1961, that he (the accused) was not traceable. The bail-bond














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