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Subodh Chandra Goho Vs. Jamser Mondal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in1949CriLJ461
AppellantSubodh Chandra Goho
RespondentJamser Mondal
Excerpt:
- .....stayed all further proceedings in the lower court until the rule was heard and disposed of.3. the learned magistrate knowing that ft stay order had been made by this court directed proceedings to be drawn up under section 614, criminal p. c., against the sureties. in the view of the learned magistrate an order of this court staying proceedings did not absolve the accused in the proceedings stayed from appearing from time to time in the court as directed by their bail bonds. as they had failed to appear the learned magistrate was of opinion that proceedings should be taken against these sureties.4. when this court orders criminal proceedings to be stayed.it means what it says, namely, that all proceedings in the court below must be suspended and nothing done until the matter is disposed.....
Judgment:

Harries, C.J.

1. This is a petition for revision of an order passed by a learned Magistrate initiating proceedings under Section 514, Criminal P. C, against sureties.

2. Summonses had been issued against two persons and the three petitioners stood surety. The persons accused moved this Court in revision praying that the proceedings against them should be quashed. This Court issued a rule and stayed all further proceedings in the lower Court until the rule was heard and disposed of.

3. The learned Magistrate knowing that ft stay order had been made by this Court directed proceedings to be drawn up under Section 614, Criminal P. C., against the sureties. In the view of the learned Magistrate an order of this Court staying proceedings did not absolve the accused in the proceedings stayed from appearing from time to time in the Court as directed by their bail bonds. As they had failed to appear the learned Magistrate was of opinion that proceedings should be taken against these sureties.

4. When this Court orders criminal proceedings to be stayed.it means what it says, namely, that all proceedings in the Court below must be suspended and nothing done until the matter is disposed of in this Court. If the proceedings in the Court below are to be suspended entirely it follows that the accused need not appear in the Court from time to time whilst the stay order is in existence. Further, the stay order absolves the sureties from their obligation to produce the acoused in Court during the period of the stay order is effective. When this Court Stayed the proceedings, it appears to me that the sureties were not under an obligation to produce the accused until such stay order was discharged.

5. The proceedings in which the accused were involved and for which the present peti. tioners stood sureties have been quashed by this Court and the effect of that is that these sureties are automatically discharged.

6. In the result therefore this petition is allowed, the order of the learned Magistrate is set aside and, as I have said, the sureties are discharged from all further obligation.

7. The rule is accordingly made absolute.

Blank, J.

8. I agree.


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