C M EISAW Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal by the surety against the Order dated 18-11-1985 passed by the XIV Additional City Civil and Sessions Judge, Bangalore City, in Sessions Case No. 32 of 1982 sentencing the surety to undergo detention in Civil Prison for four months.

(2.) The present appellant had stood surety for A-2 for his appearance in the Court below. As A-2 did not appear before the Court, the bond was forfeited and after hearing the surety the Court below remitted a portion of the amount and ordered recovery of Rs. 5,000/- only from the surety. A distress warrant was issued and it was returned unexecuted saying that the surety had no moveables at all. Thereafter, the surety did not pay the amount. So the Court below ordered his detention in Civil Prison for four months. Hence, this appeal.

(3.) Section 446(2) Cr.P.C. reads as follows : "446(2). If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Code : Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months."