JUDGMENT

Daniels, A J C - This is an application against an order directing the forfeiture of bonds executed by the applicants under Section 107, Criminal Procedure Code. The accused had been ordered to execute bonds to keep the peace under Section 107 for a period of one year. They were convicted of an offence under Section 352, Indian Penal Code, committed shortly before the year expired. The Magistrate who tried the case issued notice to show cause why the bonds should not be forfeited on an application by Thakurain Jai Raj Kuar, complainant in the substantive complaint.

2. On the case coming up for hearing his successor in office declined to forfeit the bonds and rejected the application. Thakurain Jai Raj Kuar presented an appeal to the District Magistrate under Section 515 Criminal Procedure Code, and the Magistrate without issuing any notice to the accused orders the bonds to be forfeited. The accused have come in revision to this Court. Thakurain Jai Raj Kuar appears by Counsel to oppose the application.

3. It is admitted on her behalf that the District Magistrate committed a grave error in forfeiting the bonds without giving the accused an opportunity to be heard. The question is whether this error is covered by Section 537, Criminal Procedure Code. It is urged for the opposite party that everything that could have been urged by the accused before the District Magistrate can be urged by their Counsel in support of this revision and that, therefore, no failure of justice has occurred. I am inclined to take the view that passing an order of forfeiture without notice to the party whose bond is forfeited amounts itself to a failure of justice even if the same order would eventually have been passed if the case had been heard.

4. The order is open to objection on another ground also. I am disposed to hold, indeed, that the language of Section 515 is wide enough to cover an order refusing to forfeit a bond as well as an order forfeiting it. When a Court has issued notice under Section 514, Criminal Procedure Code, to show cause why a bond should not be forfeited the order which it passes is equally an order under Section 514 whether it holds that there is or is not good ground for forfeiture.

5. But accepting this view of the section it does not appear to me that Thakurain Jai Raj Kuar had any locus standi in the matter of any right to appeal to the District Magistrate against the order. A bond under Section 107, Criminal Procedure Code, is not given to any particular person but to the Court and no private party is entitled to appeal against an order refusing to forfeit it, though it was open to the Magistrate to take action in revision.

6. For these reasons, I allow the application and set aside the order of the Court below. The penalty if recovered will be refunded.