YASHODHA Vs. STATE

JUDGEMENT

(1.) . In a case where a bond for appearance of the accused is forfeited, can penalty beimposed upon the surety without first serving upon him a notice to show cause? This is the precise question which needs to be answered in this appeal. However, before I proceed to deal with the question, let me provide the background.

(2.) . The appellant is none other but the daughter of Bihari Lal who is facing trial under section 21 of the N.D.P.S. Act. By anorder of November 19, 1993 passed by the High Court the accused was granted interim bail till November 15, 1993. The appellant stood surety for him in the required sum of Rs.25000.00 . It so happened that the accused surrend red in court, not on November 16, 1993 but on Novemberr 19, 1993. This invited the following order from the learned Additional Sessions Judge:

(3.) . File put up today on the application of the accused to surrender in court. He was on interim said bail till 15.11.93 as per order of Hon'ble Court dated 9.11.93 and he was to surrender before Superintendent Jail on 16.11.93. This shows that the accused has not complied with the order of Hon'ble High Court and surety has. also failed to produce the accused on 16.11.93.