M VIJAYALAXMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Challenging the order dated 19.12.2008 in M.P. No. 8i of 2007 in M.C. No. 109 of 2006 on the file of the Additional Metropolitan Sessions Judge for the Trial of JHCBBC-cum-Additional Family Court-cum- XXIII Additional Chief Judge, Hyderabad, the present criminal petition is filed.

(2.) The petitioners herein filed the application to pay the bail bond amour of Rs. 5,000 in execution proceedings of a Maintenance Case, to them, instead of forfeiting the same to the Government, but the same was rejected by the Court below and the bail bond amount was ordered to be forfeited to the, Government.

(3.) The learned Counsel for the petitioners contended that, the bail bone was executed in pursuance of a non-bailable warrant issued in execution proceedings in the Maintenance Case, and as it is not a case falling under the general penal provisions, the amount, which was given towards bond, has to bi paid to the petitioner instead of forfeiting to the Government.