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Subodh Chandra Goho v. Jamser Mondal

Subodh Chandra Goho v. Jamser Mondal

(High Court Of Judicature At Calcutta)

CALCUTTA HIGH COURT | 05-02-1948

Harries, C.J.This is a petition for revision of an order passed by a learned Magistrate initiating proceedings u/s 514, Criminal P. C, against sureties.

2. Summonses had been issued against two persons and the three petitioners stood surety. The persons accused moved this Court in revision praying that the proceedings against them should be quashed. This Court issued a rule and stayed all further proceedings in the lower Court until the rule was heard and disposed of.

3. The learned Magistrate knowing that ft stay order had been made by this Court directed proceedings to be drawn up u/s 614, Criminal P. C., against the sureties. In the view of the learned Magistrate an order of this Court staying proceedings did not absolve the accused in the proceedings stayed from appearing from time to time in the Court as directed by their bail bonds. As they had failed to appear the learned Magistrate was of opinion that proceedings should be taken against these sureties.

4. When this Court orders criminal proceedings to be stayed.it means what it says, namely, that all proceedings in the Court below must be suspended and nothing done until the matter is disposed of in this Court. If the proceedings in the Court below are to be suspended entirely it follows that the accused need not appear in the Court from time to time whilst the stay order is in existence. Further, the stay order absolves the sureties from their obligation to produce the accused in Court during the period of the stay order is effective. When this Court Stayed the proceedings, it appears to me that the sureties were not under an obligation to produce the accused until such stay order was discharged.

5. The proceedings in which the accused were involved and for which the present petitioners stood sureties have been quashed by this Court and the effect of that is that these sureties are automatically discharged.

6. In the result therefore this petition is allowed, the order of the learned Magistrate is set aside and, as I have said, the sureties are discharged from all further obligation.

7. The rule is accordingly made absolute.

Blank, J.

8. I agree.

Advocate List
Bench
  • HON'BLE JUSTICE Harries, C.J
  • HON'BLE JUSTICE Blank, J
Eq Citations
  • 1949 CRILJ 461
  • 52 CWN 784
  • AIR 1949 CAL 55
  • LQ/CalHC/1948/17
Head Note

Criminal Procedure Code, 1973 — Ss. 497, 498 and 514 — Stay of criminal proceedings — Effect on sureties — Proceedings against accused quashed by Supreme Court — All proceedings in Court below suspended — Held, accused need not appear in Court from time to time whilst stay order is in existence — Further, stay order absolves sureties from their obligation to produce accused in Court during period of stay order is effective — Petition for revision of order passed by Magistrate initiating proceedings u/s 514, Criminal P. C., against sureties, set aside — Sureties discharged from all further obligation — Criminal Trial — Stay of proceedings — Effect on sureties