MAYA SATISH JOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BOTH these appeals have been filed by the appellants seeking to challenge the orders dated 6th January, 1999 and 11th January, 1999 by which the applications made by the appellants Smt. Maya Satish Joshi and Avinash Raghoba Salgaonkar for the re-call of show cause notices were dismissed and the first surety was directed to deposit the forfeited amount of Rs. 10,000/- per order on her application of discharge and the second surety was directed to deposit the forfeited amount of Rs. 10,000/- within 15 days therefrom respectively.

(2.) MS. Coutinho, who appears on behalf of the respondent State submits to the orders of the Court.

(3.) AS per the order dated 6th January, 1999 accused No. 6 had defaulted in appearing before the Court on the scheduled dated, that is, 23rd December, 1998. In the application made by the surety, it was contended that the accused failed to appear before the Court on account of his sickness and on that ground the application was made for recall of the show cause notice. The surety has also produced the medical certificate which reflects that the accused was sick during the period from 21st to 25th December, 1998, which, according to the learned Judge, was secured and the same conveniently covered the date of hearing. It was observed that if accused No. 6 was sick, nothing prevented him to furnish information of his sickness to the surety and for the surety to seek exemption. So far as the application made by the surety is concerned, the surety has produced the medical certificate. Hence, in the light of this document having been produced, it reflects in fact that the accused No. 6 was sick on that date. Therefore, the orders dated 6th and 11th January, 1999 deserve to be quashed and set aside and the amounts which have been deposited by the sureties as the forfeited amounts be refunded. Hence, appeals allowed. Rule made absolute in terms of Prayers (a) and (b ). n Criminal Appeal 26/99 Prayers (a) and (b) : (a) that this Honble Court may be pleased to admit the appeal and call for the records of the proceedings in Sessions Case No. 18/98 from the Court of the Asst. Sessions Judge at Panaji and after examining the same and going into the question of legality or otherwise thereof, further be pleased to quash and set aside the order dated 6-1-1999 passed by the learned Asst. Sessions Judge, Panaji; (b) that this Honble Court may further be pleased to pass orders/directions directing the learned Asst. Sessions Judge, Panaji to refund the sum of Rs. 10,000/- paid by the appellant towards the penalty imposed, vide Receipt No. 122751 dated 12-1-1999 issued by the office of the Asst. Sessions Judge, Panaji; and in Criminal Appeal No. 27/99 Prayers (a) and (b) :