Law: Penal Code (XLV of 1860)

Section: 406,174

(a) Penal Code (XLV of 1860), S. 406 Lahore High Court Rules and Orders, Vol. I, Ch. 12 K, rr. 43 (1) & 43 D Liability of Sipurdar as surety Sipurdar deliberately refusing to produce property attached given to him for safe custody Liable under S. 406, Penal Code Civil Procedure Code (V of 1908), S. 145. The liability of a person as a surety under section 145, C. P. C. is entirely distinct from his criminal liability under the Penal Code. A deliberate refusal by a person as sipurdar to produce the property, attached and given to him for safe custody, amounts to a repudiation of his trust and he is guilty of criminal breach of trust. So where a notice has been served upon a sipurdar to produce the property entrusted to him in Court on a certain date, his retention of the property beyond that date amounts to using or disposing off' it in a manner contrary to the terms of the trust, thereby rendering him liable under section 406, Penal Code. Doda Shah v. Bishen Das A I R 1928 Lah. 181 distinguished. Chanan Singh v. Emperor A I R 1935 Lah. 31 rel. (b) Penal Code (XLV of 1860), Ss. 174 & 406 Ingredients of offences entirely different. (c) Lahore High Court Rules and Orders, Vol. 1, Ch. 12 K, r. 43 D Sipurdar Not an agent of debtor. THIS JUDGMENT DELIVERED BY: J. ORTCHESON, JUSTICE This is a petition for revision of the order of the learned Sessions Judge3 Rawalpindi, dated the 11th of March 1958, dismissing the appeal of the petitioner, who had been convicted under section 406, P. P. C. by a Magistrate of the 1st Class, Rawalpindi, and sentenced to one year's rigorous imprisonment and a fine of Rs. 500, with three months' rigorous imprisonment in default. 2. The facts briefly are that a money decree was passed in favour of one Kh. Abdul Majid against one Fazal Din. In execution of that decree certain property of the judgment debtor, valued at approximately Rs. 337, was attached and made over by the bailiff to the petitioner as sipurdar on his entering into the usual bond. On the 7th of June 1957 a notice (Exh. P. B.) was served on the petitioner calling upon him to produce the articles at the house of the judgment debtor on a certain date, but the petitioner…

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