SAHAB SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Surety has filed this appeal under Secction 449 Cr. P. C. against the order dated 29-7-2000 by which trial Court has forfeited the bail amount of Rs.50,000/- and directed that in default of recovery of the amount, appellant be sent to civil jail for a period of six months.

(2.) Contention of the learned counsel for the appellant is that in sessions trial No. 38/99 appellant was surety of co-accused Pappu alias Rajkumar S/o Kishan Singh for a sum of Rs. 50,000/-. He was regularly appearing. He was also present in the Court on the date of judgment but he ran away from the accused box of the Court before the pronouncement of the judgment but in the show-cause notice nothing was mentioned about these facts. His contention is that nothing has been mentioned in the surety bond that for such an incident he will be responsible for payment of amount of bond and submitted that he has not violated any terms and conditions of the surety bond and the trial Court has wrongly and illegally directed for the recovery of the said amount and in default to undergo civil imprisonment for a period of six months. In nutshell, he submitted that trial Court has not considered the terms and conditions of the surety and which he has produced alongwith the documents according to which he is not responsible when the accused runs away from the custody of the Court.

(3.) In reply learned counsel for respondent /State supported the impugned order.