NAGESHWAR Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH (AT: INDORE)
STATE OF MADHYA PRADESH
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(1.) THIS revision petition under sections 435 / 439 of the Code of Criminal Procedure by surety-applicant Nageshwar of Singhpuri, Ujjain is directed against the order dated 17-2-1965 passed by Shri R. K. Tikku, District magistrate, Ujjain in Miscellaneous Criminal Case No. 9 of 1964 ordering the forfeiture of the surety bond dated 27-4-1960 for Rs. 2,000 executed by the applicant.
(2.) THE controversy in question arises as under. On 28-11-1957 one anandilal was convicted under section 302, Indian Penal Code by the Additional Sessions Judge, Rajgarh and he was undergoing a sentence of 20 years rigorous imprisonment at Bherugarh Jail, Ujjain On 15-1-1960 the said convict made an application f r his temporary release (parole) under section 21 of the M B. Prisoners Act, 1950 (Act No. 56 of 1950) for ten days commencing from 1-2-1960 to 10-2-1960 which was recommended by the Superintendent, jail to the District Magistrate, Ujjain, who is the releasing authority, on 16-1-1960. The District Magistrate, Ujjain forwarded it to the Superintendent of Police, Ujjain on 20-1-1960 asking for bis report. The Superintendent of police, Ujjain made a report on 28-1-1960 stating that he had no objection for the temporary release asked for. On receiving this report, the District magistrate, Ujjain passed an order on 1-2-1960 stating that the convict may be released on certain conditions and one of the conditions was that he should furnish his personal bond for Rs. 2,000 and a surety for the same amount.
(3.) THE record of the case does not show that the convict furnished his personal bond. However, the applicant Nageshwar filed his surety bond for rs 2,000 dated 27-4-1960 undertaking to produce the convict at the Jail "bandigrah par upasthit karungd" after the expiry of the parole, but if he failed to do so he would deposit Rs. 2,000 in the Court "agar aisa na kar saka to apane ghar dwara Rs. 2,000 do hajar rupye rakam jamanat nyayalaymen dakhil karunga". The heading of this surety bond shows that it was executed in favour of the District Magistrate and Collector, Ujjain. The surety bond was accepted after verification on 30-4-1960.;
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