- (1.) G. S. N. Tripathi, J. This revision is directed against the order dated 25-4-1996, passed by the IIIrd Addl. Chief Judicial Magistrate, Shah Jahanpur.
(2.) ADMITTEDLY, stolen goods, in the shape of forest wood, in criminal case were given in the custody of Rafiq Ahmad. Naseem Ahmad stood surety for the Supurdar. The value of the property on that date was eva luated at Rs 50,000. The question arose, when Rafiq was ordered by the court to deposit the wood. Incidentally, he died before performing this part of his duty. Then process was issued to Naseem Ahmad, revisionist, calling upon him to deposit the wood or its value. Instead of performing this part of his duty, Naseem Ahmad rushed to the High Court and filed a peti tion under Section 482, Cr PC. That was decided by the Court on 10-10-95 (Criminal Misc. Application No. 3117 of 95 ). The court has made an observation that the liability of the applicant Smt. Dilbari, widow of Rafiq Ahmad, shall be confined to the assets, if any, of late Rafiq Ahmad in her possession and the recovery may be made from the same. Applicant No. 2, Naseem Ahmad shall be liable for the payment of the amount, for which he stood a surety. With these observations, that petition under Section 482, Cr PC was disposed, of. Naseem Ahmad went on making one pretext after another. Ulti mately, he gave a note that he had not property at all from which he could deposit a sum of Rs. 50,000. A report was called from the police. The police report dated 19-1-996, Annexure III to the affidavit, is that Naseem Ahmad wants to deposit the wood, for which he has given surety on behalf of Rafiq Ahmad. The learned Magistrate, by his impugned order dated 25-4-1996 has observed that it will not be proper to allow Naseem Ahmad to deposit the wood which he incidentally traced out and wanted to deposit in the Court. This portion of the order has been challenged before this court. I think that this point is not disputed that the liability of Naseem Ahmad is co-extensive with Rafiq Ahmad. He had stood surety for sum of Rs. 50,000 because the value of the wood assessed of that property on that data was Rs. 50,000. As per order dated 10-10-1995, passed in a petition under Section 42, Cr PC, the liability of Smt. Dilbari, the widow of Rafiq Ahmad shall be confined to the assets, if any, of late Rafiq Ahmad in her possession. For the remaining account, Naseem Ahmad continues to be liable.
(3.) THE wood which Naseem Ahmad wants to deposit in the court, may be evaluated and its value assessed. THEreafter, it may be given to the original owner of the same. THE remaining amount shall still be recoverable from Naseem Ahmad in pursuance of the order dated 10-10-1995 passed by this Court in the aforesaid Section 482 petition. THE learned Magistrate concerned shall extend the facility and opportunity to Naseem Ahmad to deposit the wood at the earliest. He shall further get it evaluated and its value assessed and thereafter, shall proceed to decide the matter according to law. THE amount deposited by Smt. Dilbari and Naseem Ahmad shall be adjusted towards the final amount of Rs. 50. 000. THE total amount will be Rs. 50,000 only. For a period of one month, recovery proceedings in Case No. 427 of 1993, State v. Haneef, under Section 14/15 Forest Act, pending before ACJM IIIrd district Shahjahanpur shall remain stayed, within which period, Naseem Ahmad shall comply with the order noted above. Order accordingly. .;