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Prosonno Kumar Chakravarti and anr. Vs. Prokash Chandra Dutta - Court Judgment

LegalCrystal Citation
SubjectContract
CourtKolkata
Decided On
Judge
Reported inAIR1915Cal695(1),28Ind.Cas.560
AppellantProsonno Kumar Chakravarti and anr.
RespondentProkash Chandra Dutta
Cases ReferredConsolidated Explorationand Finace Co. v. Musgrave
Excerpt:
surely - bail, person giving--contract with third person to be indemnified--forfeiture--contract whether legal. - .....essential that the person giving bail should be interested in looking after and, if necessary, exercising the legal powers he has to prevent the accused from isappearing. this is essential for the protection of the public, and anything that tends to prevent or hinder his so doing is illegal. why is it not equally illegal for the bail to be indemnified by a third person, it being admittedly illegal to be indemnified by the prisoner? the reason of the illegality is the same in each case. there fore, the opposite party cannot escape by saying that he contracted with a, third party.2. the decree of the lower court must be set aside and the plaintiff's suit dismissed without costs in any court.
Judgment:

1. This Rule must be make absolute on the ground on which it was issued. The principle laid down by North, J., in the case of Consolidated Explorationand Finace Co. v. Musgrave (1900) 1 Ch. 37 : 81 L.T. 747 : 48 W.R. 298 : 69 L.J. Ch. 11 : 16 T.L.R. 13 has been applied in this country both by the Punjab and Allahabad Courts and obviously must apply in every country where! English criminal justice is ad ministered. The principle is that it is essential that the person giving bail should be interested in looking after and, if necessary, exercising the legal powers he has to prevent the accused from isappearing. This is essential for the protection of the public, and anything that tends to prevent or hinder his so doing is illegal. Why is it not equally illegal for the bail to be indemnified by a third person, it being admittedly illegal to be indemnified by the prisoner? The reason of the illegality is the same in each case. There fore, the opposite party cannot escape by saying that he contracted with a, third party.

2. The decree of the lower Court must be set aside and the plaintiff's suit dismissed without costs in any Court.


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