Law: Criminal Procedure Code (V of 1898)

Section: 514,537

  Criminal Procedure Code (V of 1898), Ss. 514 & 537 -Forfeiture of bail bond-Accused failing to appear on numerous successive dates and surety despite opportunity having been given failing to produce accused on adjourned date -Forfeiture of bond without formally recording grounds-Not illegal--Defect, if any, curable under. S. 537.   Rustam Ali -v. State P L D 1957 Dacca 467 distinguished.   Criminal Procedure Code (V of 1898), S. 514-Forfeiture of bail bond-Mere statement of surety that accused was arrested in another case-Does not absolve surety of his liability without further proof of date on which accused arrested and how it was physically impossible for surety to produce accused-Surety, brother of accused-Lenient view taken-Whole amount not confiscated.   Dates of hearing: 30th November and 2nd December 1965.  JUDGMENT   On the 30th of October 1962, the petitioner executed surety bond (Exh. P. A.) for Zamir Alam Shah in the sum of Rs. 1,000 in a case pending against him under section 411, P. P. C. The accused, Zamir Alam Shah, absented himself on a number of dates, that is, on 21-3-63, 11-4-63, 11-6-63, 5-7-63 and 22-7-63. Notice was issued to the petitioner (surety) under section 514, Cr. P. C. on the 22nd of July 1963. The order of the 20th September 1963, passed by the Magistrate, shows that the petitioner admitted to have executed the bond (Exh P. A.) and prayed for adjournment for the production of the accused. He was accordingly granted adjournment but the petitioner failed to produce the accused. On the next date, that is, the 30th of August 1963, the learned Magistrate passed the order confiscating the whole amount of Rs. 1,000 in favour of the State. The petitioner went ' in appeal against this order to the Court of District Magistrate which' was rejected on the 26th of March 1964. The petitioner has come in revision against this order.   2. The following points are raised by the learned counsel   No notice under section 514, Cr. P. C. was given to thepetitioner and thus the procedure adopted by the Court was not in accordance with law;   That the accused had already been arrested in some…