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1974 Supreme(All) 75

YASHODANANDAN
MOHAN LAL – Appellant
Versus
STATE – Respondent


ORDER

This is a revision under Section 430 of the Code of Criminal procedure-hereinafter referred to as the Code. Along with it, an application under Section 561 A of the Code has also been filed. Since both, the revision as also the application, are directed against the same order and the prayer made in them is similar, they are being disposed of by this common judgment.

2. The material facts giving rise to this revision are that one Gokul Chamar was being prosecuted in the court of the learned Sub-Divisional Magistrate, Soraon, district Allahabad, for an offence punishable under Section 60 of the Excise Act. During the pendency of that case, bail was granted to Gokul and the applicants stood sureties and filed surety-bonds for his appearance in court on various dates fixed for its hearing. On the 16th September, 1968, the accused failed to turn up in court and consequently the learned Magistrate passed an order cancelling his bail bonds and issuing bailable warrants for his arrest and production in court. Notice was ordered to issue to the sureties either to show cause as to why the amounts of the surety-bonds filed by them be not realised from them or to produce the accused on t










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