SURESH Vs. STATE OF MP

JUDGEMENT

(1.) IN Misc. Cri. Case No. 718/02 (Ayodhya Prasad Sharma v. Govind Singh Dhakad and another) bail granted to Govind Singh Dhakad (Rl) was cancelled and he was ordered to surrender before C.J.M. Shivpuri within a week; otherwise his bail bond and personal bond were ordered to be forfeited and a direction for issue of non -bailable warrant was also given. It seems that Govind Singh Dhakad did not surrender within the period and the petitioner -surety was given a notice with a direction for recovery of Rs. 40,000/ -. The petitioner claims that he was entitled to a hearing under S. 446 of the Code of Criminal Procedure before any recovery could be ordered. Certainly, the learned C.J.M. should have followed such a procedure. Of course, a notice on 23.1.2002 has been given to the petitioner, which is not properly drafted. Anyhow, the same could not be read as the direct order of the Court below for recovery of the amount. The C.J.M. shall give an opportunity as contemplated under S. 446 of the Code before re'alising order of recovery of the amount of bond.

(2.) WITH this direction, the petition is disposed of. MCrP No. 61/03