A NARASHIMAPPA Vs. STATE

JUDGEMENT

(1.) Since learned Counsel for the appellant and learned HCGP appearing for the respondent submit that this matter is a small matter and it can be taken up for final disposal, the same is taken up for final disposal.

(2.) This appeal is preferred by the appellant-surety with a prayer that this Court may be pleased to set aside the order passed by the 5th Additional District and Sessions Judge, Mysuru in S.C No. 353/2012 dated 9.10.2017.

(3.) The factual story of the case is that the appellant herein stood as surety for the accused in the Sessions case No. 353/2012 and executed bond for amount of Rs.50,000/-. For some time, the accused was attending the Court and on 27.3.2017, the accused was absent before the Court below and hence, the Court below issued NBW against the accused, simultaneously issued notice to the appellant herein. On 31.5.2017, the appellant-surety appeared before the Court below and submitted that accused was in custody in another case. On 31.8.2017, the Court below forfeited bail bond and on 7.10.2017, the appellant filed an application under Section 446(3) of Cr.P.C. and the Court below rejected the said application by order dated 19.10.2017 and issued fine levy warrant against the appellant for Rs.50,000/- to be executed through Tahsildar from attachment of property of the appellant herein. Being aggrieved by the same, the appellant-surety is before this Court in this appeal.