MAHMOOD HASAN Vs. STATE

JUDGEMENT

(1.) MAHMOOD Hasan and Wazir Hasan appellants were sureties in the sum of Rs. 3,000/- each for Jumman, who was involved in a case under Sections 305 and 307, Indian Penal Code The evidence in Sessions Trial No. 127 of 1972 had concluded and the case was fixed for judgment on 20-2-1973. On that day an application was moved on behalf of Jumman and Kallu for the exemption of their personal attendance because they were ill. A medical certificate was enclosed. The III Temporary Civil and Sessions Judge allowed the application and fixed 22-2-1973 for judgment. On that day, Jumman was absent. On 23-2-73 the surety bonds were forfeited and it was ordered that the sureties be called upon to produce the accused and to pay up the penalty amount fixing 23-3-1973. On 23-3-1973 it was found that Jumman was in jail from 15-3-1973. The sureties were not served with a notice. Consequently fresh notice was ordered to be issued against the sureties fixing 12-4-1973. On 24-3-1973 Wazir Hasan moved an application. It was ordered to be put up on 12-4-1973. On 12-4-1973, the accused was present in court and the sureties moved an application that the order forfeiting the bonds be cancelled. Later on, the Temporary Civil and Sessions Judge passed order that each of the appellants should pay Rs. 500/- within 15 days failing which they would be liable to pay the whole penalty, Against this order dated 238-1973, the present appeal has been preferred.

(2.) THE record does not show that before forfeiting the surety bonds the court below gave any notice to the appellants to show cause as to why the surety bonds be not forfeited. The rule of natural justice requires that before any adverse order is passed the person concerned should be given an opportunity of being heard. No such opportunity was given to the appellants. Therefore, the appellants could not be called upon to pay the sum of Rs. 500/ -.

(3.) FOR what has been stated above, the appeal is allowed and the order dated 23-8-1973 passed by III Temporary Civil and Sessions Judge, Meerut calling upon the appellants to pay Rs. 500/- each is set aside. Amount, if any, paid by the appellants shall be refunded to them.