AGARWALA, CHATURVEDI
MEWA RAM – Appellant
Versus
STATE – Respondent
AGARWALA, J.
( 1 ) THIS is a revision application on behalf of two sureties against an order forfeiting their bonds. One Debi Dayal was prosecuted under Section 411, I. P. C. When he was brought in Court he appears to have applied for being released on bail. A bond was taken from the applicants as sureties for securing the presence of Debi Dayal on the next date of hearing and on subsequent dates. Debi Dayal appeared to subsequent dates but no bond was taken from Debi Dayal himself. Later on he absconded and did not appear on 23-2-1950, the date fixed in the case and thereafter could not be found. The bonds filed by the applicants were forfeited in the amount of Rs. 750 /each which was the amount of the bond. They filed an appeal against the order of forfeiture. Their appeal was dismissed.
( 2 ) THE re vision application of the applicants first came up for hearing before our learned brother desai J. who was of the opinion that unless there was a bond executed by the accused himself a bond taken from the sureties was not a bond taken under the Code and therefore could not be forfeited under Section 514, Criminal P. C. But as there were three decisions of our Court against the view w
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