AMBALAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is listed for admission. Notice of an application for stay was issued to the State and by order dated 8.10.1987, the same has been confirmed. The appeal is admitted for its final hearing, but considering the nature of the appeal and the short point involved therein, learned counsels agreed to argue out it finally. It was accordingly taken up for final hearing.

(2.) The appellant had filed an appeal against his conviction under section 324, I.P.C. which was pending before the First Additional Sessions Judge, Mandsaur, as Criminal Appeal No. 50 of 1987. It was fixed for hearing on 29.7.1987. The appellant could not remain present and sent a telegram to that effect. An application was also filed for exemption from personal appearance and adjournment. The application was rejected and surety bond forfeited and recovery proceedings initiated.

(3.) Shri Joshi, learned counsel for the appellant urged that the Additional Sessions Judge was wrong in forfeiting the surety bond for absence of the appellant for which he had intimated the Court. His counsel also appeared and prayed for an adjournment. Learned counsel submitted that the impugned order is harsh. The appellant being represented by a counsel, who did argue the appeal, there was no justification for passing the impugned order.