MODDER v. ISMAIL LEBBE

P. C, Colombo, 89,383

Release of. accused on bail-Bonds by accused and surety-Criminal Procedure Code, s. 341-Forfeiture of bond on default-Notice of forfeiture.

Where an accused was released on his entering, along with a surety, into recognizances in accordance with section 341 of the Criminal Procedure Code, but couched in a, special form, and where they failed to comply with the terms of the bond, though summonses were issued to them to appear, and where their bonds were thereupon declared forfeited,-

Held, that, according to the practice of the Courts, matters such as these were dealt with in the course of the proceedings to which they were incidental, and that, though the bond of the principal may be forfeited without noticing him to show cause against the forfeiture, it was absolutely necessary to issue such notice where the surety was concerned.

THE accused was charged under section 394 of the Penal Code with having received stolen property knowing it to have been stolen. On conviction he appealed and was released on bail on his entering, along with the appellant as surety, into a recognizance in Rs. 5