DILNAWAZ KHAN Vs. STATE

JUDGEMENT

(1.) The appellant stood surety in the sum of Rs. 5000.00 on June 7) 1978 for ensuring appearance of Mohd. Yasin accused of offences under Section 363, 366 and 376 Indian Penal Code The accused jumped bail on July 25, 1979. The learned Addl. Sessions Judge on that date issued non-bailable warrants and also forfeited the bail bonds and directed issue of notice to the surety. The notice that was issued to the petitioner directed him "to appear and show cause why necessary action be not taken against him as per law." The notice is dated July 26, 1979.

(2.) In response to this notice, the appellant appeared and filed a reply on September 5, 1979 that he will trace the accused and produce him before the court and sought an adjournment for that purpose. The learned Addl. Sessions Judge by his order dated September 7, 1979 held that the petitioner- appellant was unable to furnish any explanation why the accused was absent on 25thJuly, 1979 and imposed "arfine" of Rs. 4000.00 Hence, this appeal.

(3.) The learned counsel for the appellant made two contentions-In view of Ghulam Mehdi v. State of Rajasthan, A.I.R. 1960 S.G. 1185 the proceedings should be quashed; or (2) The Petitioner has since then been able to have the accused arrested, only a nominal sum should be imposed as penalty. The accused is reported to be in custody and is facing trial.