GRIDHARILAL Vs. STATE OF MP

JUDGEMENT

(1.) These appeals have been filed against a common order dated 28th of June, 1994 passed in Misc. Judicial Cases (Criminal) No(s) 1/90 and 2/90 by the First Additional Sessions Judge, Bilaspur. By the impugned order, the learned Sessions Judge has imposed the penalty of Rs.10,000 upon each appellant after rejection of their plea against the show cause issued to them on account of default of appearance of accused- Chhattar Singh in Sessions Trial No. 96/88 for whom they stood as sureties. The above Sessions Trial is still pending as the accused has not been arrested till date.

(2.) The facts, briefly stated, are as under:

(3.) Mr. Uttam Pandey, learned counsel appearing on behalf of the appellants, argued that in the facts and circumstances of the case, there was no reasonable ground to impose penalty on the appellants. Appellants were quite vigilant. As soon as the accused met appellant Girdharilal, he tried to take him to the Court; and on denial and quarrel he made a report to the police on which a preventive proceeding was drawn and he was taken into custody, but even after that he could not be produced before the concerned Sessions Court. Therefore the conduct of the appellants as sureties was quite bona fide.