MOHAMMED KUNJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) LEAVE granted.

(2.) TWO persons stood as sureties for bailing out a foreign national who was arraigned before a criminal court at Bangalore . But that foreigner, when released from jail, slipped out of India with the result that the two sureties are now in jeopardy. The criminal court proceeded against them for failure to produce the accused in Court. The magistrate imposed a penalty of Rupees twenty five thousand on each of the sureties. They have been thenceforth approaching all the tiers of judicial hierarchy, one after the other, for escaping from the penalty and through that route they have reached this Court now.

(3.) THE Nazarabad police later reported to the Magistrate that the accused was not attending the police station as per the order. THE accused failed to be present in the court also. THE efforts made by the magistrate to get the presence of the accused failed and then a notice was issued to the appellants to produce the accused in Court as he was reported absconding. Appellants thereupon expressed their inability to produce the accused. THE bail bonds were thus forfeited and each of the appellants was ordered to "pay the surety bond amounting to rupees twenty five thousand to the Government. "