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CHUNALICE v. SAUNDIAS APPU


Chunalice V. Saundias Appu

Present: Jayewardene A. J.

CHUNALICE v. SAUNDIAS APPU.

443?P. C. Matara, 30,944.

Case laid over till the decision of connected case?Parties ordered to appear on notice?Accused absent?Forfeiture of bail bond?Court has no power to postpone case indefinitely.

This case was laid over till the decision of a connected case, and the Court ordered parties to appear on notice. After the decision of the connected case, the accused did not appear as notice could not have been served. The Magistrate forfeited the bail bond. The surety appealed.

Held, that the Court has no power to postpone a case indefinitely. A date should be fixed on which accused should attend Court. The forfeiture of the bail bond was wrong.

THE facts are set out in the judgment.

H. V. Perera for appellant.

August 8, 1924. Jayewardene A.J.?

This is an appeal from an order against a surety forfeiting a bail bond. The appellant stood security for one Don Hewage John who was charged with an offence before the Police Court of Matara. He was released on bail on his giving security in the sum of Rs. 200. The appellant bound himself as surety for the payment of Rs. 200 if

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