- (1.) THIS petition has been filed for quashing the notice dated 14-10-1993 issued by the District Magistrate, Kheri, contained in Annexure-1 to the writ peti tion, which has been issued under Section 3 of the Uttar Pradesh Control of Goondas Act, and for directing the opposite party No. 2, the District Magistrate, to accept the surety bonds when the petitioner appears before him and files surety bonds.
(2.) LEARNED Counsel for the petitioner as well as learned Standing Counsel have been heard. LEARNED Counsel for the petitioner has argued that there is no provision under Section 3 of the U. P. Control of Goondas Act for arrest of the person in case surety bonds and personal bond are filed and are sent for verification to the authorities concerned. A perusal of the notice under Section 3 of the U. P. Goonda Act goes to show that detailed grounds have been mentioned therein and therefore it cannot be said that this notice does not disclose grounds. Therefore this notice cannot be quashed. The next argument of the learned Counsel for the petitioner is that the opposite party No. 2, the District Magistrate, after the personal bond and surety bonds are fur nished before him by the petitioner, will send the same for verification and will send the petitioner to jail till the verification process is completed. According to the learned Counsel for the petitioner there is no provision in law for keeping a person in jail pending verification of surety bonds. Tb support his argument he has placed reliance on the case of State of Rajasthan v. Lal Singh, 1987 Cri LJ 269. In this case reliance has also been placed on a decision of the Apex Court in Bekaru Singh v. State of U. P. , 1963 (1) Cri LJ 335 (SC ). After considering this decision of the Supreme Court the learned Single Judge of the Rajasthan High Court interpreted the provisions of Section 441 of the Code of Criminal Procedure and held that in case of doubt regarding sufficiency of surety the proper course is to accept surety as interim measure and release accused and then send it for verification. This view appears to be reasonable and is accepted by this Court.
(3.) IN view of the above it is directed that the authority concerned, on filing of the personal bond and surety bonds, may send the surety bonds for verification, if necessary and in the meantime shall accept the same provisionally and will require the petitioner to appear on a later date, preferably within 15 days during which course the surety bonds will also be got verified, if they are sent for verification. Pending verification of the bonds the petitioner shall not be taken into custody. With the above directions the petitions is disposed of finally. Petition disposed of. .;