( 1 ) MAHMOOD Hasan and Wazir Hasan appellants were sureties in the sum of Rs. 3,000/- each for Jumman, who was involved in a case under Sections 305 and 307, Indian Penal Code The evidence in Sessions Trial No. 127 of 1972 had concluded and the case was fixed for judgment on 20-2-1973. On that day an application was moved on behalf of Jumman and Kallu for the exemption of their personal attendance because they were ill. A medical certificate was enclosed. The III Temporary Civil and Sessions Judge allowed the application and fixed 22-2-1973 for judgment. On that day, Jumman was absent. On 23-2-73 the surety bonds were forfeited and it was ordered that the sureties be called upon to produce the accused and to pay up the penalty amount fixing 23-3-1973. On 23-3-1973 it was found that Jumman was in jail from 15-3-1973. The sureties were not served with a notice. Consequently fresh notice was ordered to be issued against the sureties fixing 12-4-1973. On 24-3-1973 Wazir Hasan moved an application. It was ordered to be put up on 12-4-1973. On 12-4-1973, the accused was present in court and the sureties moved an application that the order forfeiting the bonds be cancelled