MAKHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant, who was accused before the 2nd Additional Sessions Judge, Shajapur in Sessions Trial No.20/2018 under section 366, 376, 506, 201, 376(2)(N) and 376(2)(F) of the IPC was remained absent on the date of judgment of the case, therefore, after following the due process, service of notice and obtaining his reply/explanation, the learned trial Court ordered to forfeit and recovered the amount of bond i.e. Rs.25,000/-, has preferred the present appeal.

(2.) It is submitted by the learned counsel for the appellant that on the date of hearing, the appellant suddenly fall ill. He could not appeared nor could he intimate his counsel, therefore, no application could be filed on his behalf for exemption for the appearance. It is submitted that after about a month, after recovering from the illness, he himself surrendered before the court and sent to jail. He remained in jail and later acquitted from all the charges vide judgment dated 05.08.2019.

(3.) It is further submitted by the learned counsel for the appellant that the appellant belongs to a poor family. He works as a labourer to earn his livelihood. He does not earn more than Rs.10,000/- per month. It is very difficult for him to arrange the huge amount of Rs.25,000/-. He has co-operated during the entire trial except the one date on which due to the reasons beyond his control, he could not appear before the Court. Therefore, recovery order against him vide dated 31.07.2019 be set aside.