(1.) THE petitioners stood surety for one Ravi Kant who was undergoing life sentence in Central Jail, Patiala oil transfer from District Jail. Chandigarh Ravi Kant was convicted by the Sessions Judge. Chandigarh, under section 302, Indian Penal Code and sentenced to life imprisonment. He was temporarily released for 20 days by Chandigarh Administration and a surety bond was executed by each of the petitioners in the sum of Rs. 10,000/ - each. Ravi Kant convict did not report back to the jail authorities after the expiry of 20 days.
(2.) NOTICES were issued for the forfeiture of the surety bonds amount. After consideration of their replies the District Magistrate ordered the forfeiture of the surety bonds and imposed a penalty of Rs. 10,000/ - each on the petitioners as Ravi Kant convict did not report back to the jail authorities. On appeal, the learned Sessions Judge, upheld the orders of the District Magistrate. Hence this revision.
(3.) IT was canvassed by Mr. Mangat, the learned counsel for the petitioners, that there was no condition in the surety bond regarding the reporting back of the convict to jail after the expiry of 20 days, I have perused the surety bonds. The conditions in the surety bonds arc as follows: i. Shri Ravi Kant shall during the period of temporary release reside at Ronak Niwas, Karnal. He shall not without obtaining the prior permission of the District Magistrate Karnal visit any place not specified in the release warrant during the said period of temporary release ii. Shri Ravi Kant mill keep the District Magistrate informed of any subsequent change of residence during the said period. iii. Shri Ravi Kant shall during the period of his temporary release keep peace and maintain good behaviour, iv. Shri Ravi Kant shall immediately furnish fresh security if security furnished by him today becomes insolvent or dies during the period of temporary release. In case of default of any of conditions by Shri Ravi Kant the security stands bound to the extent of Rs. 10,000/ - and the same may he forfeited if the Govt. is of the opinion that the conditions have not been fulfilled by Shri Ravi Kant. Thus from the perusal of the aforesaid conditions, it is plain that there is no condition in the surety bonds regarding the reporting back of the convict to jail after the expiry of 20 days temporary release.