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PETITIONER: THE STATE OF UTTAR PRADESH
Vs.
RESPONDENT: MOHAMMED SAYEED
DATE OF JUDGMENT: 26/03/1957
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER BHAGWATI, NATWARLAL H. SARKAR, A.K.
CITATION: 1957 AIR 587 1957 SCR 770
ACT: Surety bond-Undertaking to forfeit sum of money to King Emperor Qaisar-e-Hind on failure to Produce accused- Whether bond legal and enforceable-Code of Criminal Procedure, ss. 499, 514, and 555-Adaptation of Laws Order, 1950, cl. 4.
HEADNOTE: In 1953 the respondent executed a surety bond undertaking to produce, the accused before the Magistrate and to forfeit Rs. 500 to King Emperor, Qaisar-e-Hind as penalty if he failed to do so. Upon his failure to produce the accused, the Magistrate forfeited the bond to the extent of Rs. 300. The contention of the respondent was that the bond not being in favour of the Government, could not be forfeited. Held, that the bond was a bond unknown to the law of the Republic of India under the Code of Criminal Procedure at the time of its execution and could not be forfeited. The respondent did not execute a bond by which he bound himself to forfeit the said sum either to the Government of the Union of India or that of the State of Uttar Pradesh. To’ be a valid bond, the undertaking should have been to forfeit to the Government and not to the King Emperor. The words King Emperor Qaisar-e-Hind...