Sikkim Court November 1980 Judgments

Ram Chandra Prasad Vs. State of Sikkim

Court: Sikkim

Reported in: 1981CriLJ1580

A.M. Bhattacharjee, J.1. The petitioner, whose surety-bond executed for the appearance of an accused before Court has been forfeited and who has accordingly been called upon to pay the; penalty thereof, has come up in revision against the orders of forfeiture and imposition of penalty. The bond was taken by a Judicial Magistrate and was for appearance? in that Court, but has been forfeited by the Additional Sessions Judge, to whose Court the case of the accused was subsequently transferred for trial by an order of the Sessions Judge. The main ground urged by Mr. N. K. P. Saraf, learned Counsel for the petitioner, in support of the petition and against the impugned orders is that the bond, having been furnished in the Court of Judicial Magistrate and being for appearance in that Court, could not be forfeited by the Additional Sessions Judge, even though the case might have been assigned to him for disposal by an order of transfer.2. The question as to whether a bond for the appearance o...