086-NLR-NLR-V-55-In-re-M.-L.-M.-SALEEM.pdf
In re Saleem
311
1953Present : Swan J.
In re M. L. M. SALEEM
S. C. 609, with Application in Revision 298—M. C. Kandy, 7,842
Bail—Forfeiture of bond—Circumstances when it is wrong.
Where a person who gave bail for the appearance of an accused person didall that was possible to see that the accused was brought before court
Held, that the bond should not be forfeited.
_^L.PPEAL, with application in revision, from an order of the Magistrate’sCourt, Kandy.
R.R. Crossette-Thambiah, Q.G., with S. Saravanamuttu, for the surety-appellant.
Ananda Pereira, Crown Counsel, for the Attorney-General.
Cur. adv. vult.
(1931) 2 K. B. 546.
(1952) 2 Q. B. 735.
312
SWAN J.—In re Saleem
December 14, 1952. Swan J.—
In this case the appellant had- given bail for the appearance of one
Edward alias Wijesiri alias Cyril Jayawardena. He was also suretyfor the same accused in M. C. Colombo South 35106 and 26287 and M. C.Negombo 65604. The accused had absconded in all three cases anda warrant was out for his arrest. On the 6th March, 1953, the appellanttraced the accused and after considerable difficulty and at the risk of hisown life handed him over to the Moratuwa Police. The Moratuwa Policetook him to Negombo and instead of remanding the accused the Magistratethere warned him to appear on the next day. The appellant had senta telegram to the Negombo Magistrate notifying that the accused hadbeen arrested and produced and begging to be released from his obligation.The Magistrate replied that the accused was warned to appear on the 14thMarch and that the appellant was liable for his appearance. When thecase was called on the 14th March the accused was absent. The appellantexplained matters to comet and the learned Magistrate did the right thingwhen he discharged the appellant.
In this case, however, although the facts were fully explained to theMagistrate the appellant’s bond was forfeited to its entire extent.Learned Crown Counsel very properly stated that he could not support theorder made by the learned Magistrate'. There can be no doubt that theappellant did all that was humanly possible to see that the accused wasbrought before court. In the circumstances I set aside the order offorfeiture. The appellant’s bond is cancelled and discharged.
Order set aside.