Pritam Singh vs The State on 29 September, 1970
Dealing with the observations made in Govinda Chandra v. State it was observed in Keshav Narain Choudhary's case as under :- 'WITHvery great respect, I think this reasoning confuses the relationship between a principal arid a surety in civil law with that between an accused person and his surety or bailor in criminal law It a bond is not taken from an accused person himself for his appearance in Court, I see no reason why a bond taken from a surety for his production in Court should be held to be invalid. The learned Chief Justice also referred to section 499 of the Criminal Procdure Code, and observed rightly, if I may say so with respect, that the section contemplates two cases ; one when the accused is to be released on his own bond and the other when the accused is released on bail The execution of a bond by the accused is imperative, and in the case of release of the accused on bail, a bond by sureties has to be executed in additional. But if a bond is not taken from the accused himself but only from a surety, and the accused is released on bail, this would, in my opinion, be an irregularity, but it would not make'the bond executed by the surety invalid.' surety invalid."