(1.) THIS is an Appeal under Section 449 of the Code of Criminal Procedure assailing the Order dated 6th March, 2003, passed by the Additional Sessions Judge, North Goa, Mapusa, in Sessions Case No.15 of 2002 forfeiting the bail bond executed by the sureties and calling upon the sureties to deposit the forfeited amount of the bond.
(2.) THE facts in brief as are necessary for the decision of this Appeal can be set out hereunder:-
(3.) THE said Accused had filed proceedings in this Court namely Criminal Appeal No.27 of 2003 challenging the Order passed by the Special Judge forfeiting the amount of the personal bond. The said Appeal came to be dismissed. The record of the said Criminal Appeal No.27 of 2003 is available for my perusal. The Investigating Officer had filed a reply therein dated 10th April, 2003, in which he had admitted that his enquiries revealed that the Accused had been arrested in a counterfeit case by the Kerala Police. In the reply, it is further stated that the Accused was arrested in Crime No.44 of 2003 under Section 489(B)(C) r/w Section 34 of the Indian Penal Code. He was arrested on 31st January, 2003 and was remanded to judicial custody and thereafter was admitted in the general hospital at Calicut, Kerala. The Accused was released on bail on 7th March, 2003, by the learned Sessions Judge.