BRIJ BIHARI Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition under Section 482 CrPC is against an order dated 19-12-84 of the Additional Sessions Judge, Baharaich, forfeiting the surety bonds amount of the applicant and directing the amount' to be realised.

(2.) THE short facts appearing from the impugned order are that Sohan was an accused in Sessions Trial No. 136 of 1981 under sections 399/402 IPC for whose appearance the applicant Brij Behari had stood as surety. THE surety amount was Rs. 4000/-. THE accused Sohan failed to appear some time in the course of the trial of the Sessions Case and the applicant was called upon to produce Sohan and to show cause why the amount of surety bond be not realised from him. THE applicant appears to have promised to the court to produce Sohan on 25-2-84 but neither he nor Sohan appeared. Ultimately on 5-4-84 Sohan surrendered in court and was taken into custody and was sent to jail. On 7-4-84 the applicant filed an application for being discharged as surety and for dropping the proceedings under section 446 of the CrPC. THE learned Additional Sessions Judge observed that the applicant did not furnish a proper application for his failure to produce the accused in court and consequently directed the entire amount of the bond, i. e.Rs. 4000/- to be forfeited and to be recovered from the applicant.

(3.) THE petition is partly allowed. While the order of forfeiture and realisation is confirmed, the amount to be realised from the applicant is reduced to Rs. 500/-. He may deposit the amount within one month from today. In case of default, the amount of Rs. 500/- shall be realised from the applicant. Petition partly allowed.