(1.) The appellants, who stood sureties of accused M. Niranjan Patro in S.C. No. 230/2001 of the Court of learned Sessions Judge, Ganjam-Gajapati at Berhampur have preferred this appeal praying to set aside the Order dtd. 1-11-2002 passed by the learned Sessions Judge in M.C. No. 3 of 2002 arising out of Sessions Case No. 230 of 2001.
(2.) The short facts leading to the case are that accused M. Niranjan Patro and others were facing trial in the Court of learned Sessions Judge and during pendency of the trial, the said accused was released on interim bail. The present appellants stood sureties for the said accused on executing a bail-bond of Rs. 15,000.00 each. The learned Sessions Judge released the accused on interim bail with a direction to surrender before the Court below on 31st July, 2002. Since the accused did not surrender on the date fixed, Non-bailable Warrant of Arrest was issued and the bail-bonds furnished by the present appellants were forfeited. The learned Sessions Judge also directed to initiate a separate Misc. Case, which was registered as Misc. Case No. 3 of 2002 and the appellants were directed to show cause as to why the amounts under the bail-bonds would not be realised from them. On 8-10-2002, the date fixed for appearance of the present appellants, they appeared and prayed for time to file their show cause and the case was adjourned to 1-11-2002.
(3.) While the matter stood thus, on 15-8-2002 accused M. Niranjan Patro was arrested and remanded to jail custody. In view of the fact that the accused was arrested and was remanded to jail custody, the appellants with the impression that their responsibility had ceased, did not take any step in the Misc. Case. The learned District Judge, it is submitted by the learned counsel for the appellants, without realising the fact that the accused had already been arrested, disposed of the Misc. case directing the present appellants to pay a sum of Rs. 15,000.00 as penalty, in default to undergo civil imprisonment for a period of three months. The Sessions Judge also directed the learned C.J.M., Berhampur to take steps for realisation of the fine amount.