Bhuneshwar Misra vs Emperor

Ross, J.—The petitioner stood surety for the production of three persons before the District Magistrate, who had been ordered by the High Court to be released on bail pending decision of their application in revision. Two of these persons surrendered after the decision by the High Court.

The petitioner applied for fourteen days time to produce the third who he said was engaged in some business in the interior of the Monghyr District where the case had arisen but the trial of which had been transferred to Patna, but his bail bond was forfeited forthwith by the Deputy Magistrate. An appeal against this order was dismissed by the same Deputy Magistrate who was then acting as District Magistrate.

It was conceded by the learned Government Pleader that the procedure was erroneous in two respects, first, that no notice to show cause against forfeiture was given to the petitioner, and secondly, because the appeal was heard by the Magistrate who had passed the order: and he prays that the case may be reminded in order that the facts may be gone into.

On behalf of the petitioner it is contended that no remand is necessary because the conditions of forfeiture in the bond had not been satisfied. It appears that the police was required to report as to the sufficiency of the security and they reported on 15th March last against the petitioner, and thereupon. notice was issued on him to produce the accused persons on 27th March. This was before the application in revision had been disposed of by the High Court.

Now the terms of the bond was to surrender the accused persons to the District Magistrate on the day of decision or within the three days after or any other such date as the District Magistrate might direct.

The petitioner therefore apparently had three alternatives before his bond could be forfeited and the order passed against him was not in terms of the conditions of the bond. It is therefore unnecessary to have a further enquiry into the matter and the application must be allowed and the order of forfeiture of the bond must be discharged. Any sum realised from the petitioner under this bond must be returned to him.