MOHAMMAD KUNJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) Two persons stood as sureties for bailing out a foreign national who was arraigned before a criminal Court at Bangalore. But that foreigner, when released from jail, slipped out of India with the result that the two sureties are now in jeopardy. The criminal Court proceeded against them for failure to produce the accused in Court. The magistrate imposed a penalty of Rupees twenty five thousand on each of the sureties. They have been thenceforth approaching all the tiers of judicial hierarchy, one after the other, for escaping from the penalty and through that route they have reached this Court now.

(3.) The accused, for whom the appellants became sureties, is one Mohan Dharmaraja. He was under indictment for the offences mentioned in Sections 466 and 471 of the Indian Penal Code besides a few other offences under the Registration of Foreigners Act and The Passports Act, 1967. He was arrested on 26-11-1995 and remained in jal for nearly thirteen months until he was allowed to be released on bail as per the order passed by the Chief Metropolitan Magistrate, Bangalore City on 18-12-1996. The conditions for the bail, as per the said order, were the following: