ANIL SINGH CHOUHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner, aggrieved by order dated 11.11.2016 and 06.01.2018 of the Special Judge, Anti-corruption, Dhar; whereby the learned Trial Court has forfeited amount of Rs. 5,000/- of bond furnished by the petitioner for his appearance before the court for recording his statement in the criminal trial pending against the accused, has preferred the present petition.

(2.) Short facts of the case are that a criminal case was registered against the accused Hariprasad Gehlot for the offence punishable under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act registered at the Special Police Establishment, Bhopal, Lokayukt Office, Indore. The petitioner was Investigating Officer of the crime. He filed charge-sheet before the Trial Court. The criminal case is pending trial.

(3.) The presence of the petitioner was required for recording his statement before the Trial Court as he was the Investigating Officer of the case. The Trial Court issued summon for his appearance, which was served on him, thereafter vide order dated 26.08.2016 the Trial Court issued bailable warrant in the sum of Rs. 5,000/- for his appearance before the court on 26.09.2016, which was duly served on him. But the petitioner did not appear before the court on the date fixed for his appearance i.e. 26.09.2016. The learned Trial Court forfeited his bail bond and issued show cause notice as to why the amount of the bond be not recovered from him and fixed 11.11.2016 for reply. The petitioner chose not to file reply of the show cause notice and nor he appeared before the court on the date fixed for this purpose i.e. 11.11.2016. The Trial Court ordered to recover the amount of bond from his salary vide order dated 10.11.2017.