GANPAT SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE order impugned is passed in appeal by the V Addl. Sessions Judge, Ujjain, in partial modification of the order of forfeiture of the bail bonds passed u/s 446 CrPC by the SDM Barnagar.

(2.) PROCEEDINGS u/s 110/116 CrPC were initiated against the applicant No. 1. The learned SDM passed interim order u/s 116 (3) CrPC requiring the applicant No. 1 to execute a bond for Rs. 25,000/ - with one surety in the like amount for keeping peace until the conclusion of the enquiry. The applicant No. 1 accordingly executed bond and applicant No. 2 stood as surely. However, it was complained by the police that the applicant No. 1 has violated the terms of bond and committed breach of peace. The learned SDM, it appears that after giving show cause notice to the applicants passed order dated 6.5.97 forfeiting the amount of bail bonds and directing recovery of Rs. 25,000/ - from the applicants. In appeal, the learned ASJ by the impugned order modified the order and reduced the amount of recovery from Rs. 25,000/ - to Rs. 2,500/ -.

(3.) LAW is the means and justice its end. The Court of law is required to administer justice. Opportunity of hearing is a valuable right of the party. In the instant case I am convinced that the applicants did not have opportunity to show cause against the penalty imposed on them.