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1978 DIGILAW 789 (MP)

State of M. P. v. Sarman

1978-10-17

A.R.NAVKAR

body1978
Short Note : Held: The facts giving rise to the present reference were that one Sardar was prosecuted in the court of the Sub-Divisional Magistrate Jora, wherein Sarman stood surety and executed a surety bond on 11-8-1970. There were usual conditions of the bail bond. Accused Sardar remained absent on 5-11-1971 and therefore, the surety bond was forfeited and a notice was given to the surety. In response to the notice, Sarman filed a reply. This was submitted on 12-5-1972 and on 22-6-1972 an order of forfeiture against the surety was passed. Against that order, there had been appeal before the District Magistrate which was rejected and, therefore, a revision was filed before the Additional Sessions Judge. The Additional Sessions Judge has allowed the revision holding that before forfeiture an opportunity should have been given to Sarman to substantiate the objections he has submitted for not forfeiting the bond. As no opportunity is given the order cannot be maintained. The Court should have given full opportunity before, ordering the forfeiture and should have considered the grounds mentioned by the surety. Revision allowed.