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Emperor Vs. Ballabhdas Motiram Gupta - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Application for Revision No. 415 of 1942
Judge
Reported in(1943)45BOMLR314
AppellantEmperor
RespondentBallabhdas Motiram Gupta
Excerpt:
.....to forfeit the bond. - - 2. the first question is whether the accused has broken the condition of the bond, and i am clearly of opinion that he has not. here, the bond is for appearance before the court of the chief presidency magistrate, and under the section it is that court which has to be satisfied before the bond can be forfeited......kt., c.j. 1. in this case the bond given by the accused for his appearance in the court of the chief presidency magistrate has been forfeited by an order of the eighth presidency magistrate, to whose court the case had been transferred. by the bond the accused binds himself to attend in the court of the chief presidency magistrate on february 29 next to answer to the charge and to continue so to attend until otherwise directed by the court. he did attend on february 29, and he continued to attend the court of the chief presidency magistrate until april 20, when the case was transferred to the court of the 8th presidency magistrate, and thereafter he continued to appear before the 8th presidency magistrate until december 5, when he made default.2. the first question is whether the.....
Judgment:

John Beaumont, Kt., C.J.

1. In this case the bond given by the accused for his appearance in the Court of the Chief Presidency Magistrate has been forfeited by an order of the Eighth Presidency Magistrate, to whose Court the case had been transferred. By the bond the accused binds himself to attend in the Court of the Chief Presidency Magistrate on February 29 next to answer to the charge and to continue so to attend until otherwise directed by the Court. He did attend on February 29, and he continued to attend the Court of the Chief Presidency Magistrate until April 20, when the case was transferred to the Court of the 8th Presidency Magistrate, and thereafter he continued to appear before the 8th Presidency Magistrate until December 5, when he made default.

2. The first question is whether the accused has broken the condition of the bond, and I am clearly of opinion that he has not. All that he has undertaken to do is to attend the Court of the Chief Presidency Magistrate, and to continue so to attend, that is to attend the Court of the Chief Presidency Magistrate, until otherwise directed by the Court. The Court may direct him to cease attendance in the Chief Presidency Magistrate's Court, but it cannot direct him to attend some other Court which he has not undertaken to attend. Therefore, on the construction of the bond, in my opinion, he has not committed a breach.

3. There is also a difficulty arising under Section 514 of the Criminal Procedure Code which provides that whenever it is proved to the satisfaction of the Court by which a bond under this Code has been taken, or of the Court of a Presidency Magistrate or Magistrate of the first class, or, when the bond is for appearance before a Court, to the satisfaction of such Court, that such bond has been forfeited, the Court may take action. Here, the bond is for appearance before the Court of the Chief Presidency Magistrate, and under the section it is that Court which has to be satisfied before the bond can be forfeited. It does not appear that the Chief Presidency Magistrate has considered the matter. I think on that further ground the Presidency Magistrate of the 8th Court had no jurisdiction to forfeit the bond.

4. It would seem desirable to amend the form of bond used in the Courts of Presidency Magistrates so as to require attendance in the particular Court, or in the Court of any other Presidency Magistrate, to which the case may be transferred.

5. On the bond, as it stands, I am of opinion that there has been no breach. The application is allowed, and the order of the Presidency Magistrate, 8th: Court, set aside.


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