DHANESWAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Himansubhusan Dash, learned counsel for the appellants-petitioners, and Mr. Anupam Rath, learned Addl. Standing Counsel for the State.

(2.) This is an appeal against the order dated 27.4.2007 passed by the learned Addl. Sessions Judge-cum-Special Judge (Vigilance), Bhubaneswar in Crl. Misc. Case No. 1/2006 directing each of the appellants-petitioners to pay Rs. 25,000/- only as penalty under Section 446 sub-clause (2) of the Code of Civil Procedure, 1973 (hereinafter referred to as the "Code" for brevity).

(3.) The facts are not in dispute. The present appellants stood sureties for accused Sidheswar Mallik, who was charged under the provisions of the N.D.P.S. Act, in S.T. Case No. 17/150 of 1995 of the Court of learned Addt. Sessions Judge-cum-Special Judge (Vigilance), Bhubaneswar. They executed bail bonds undertaking to produce the aforesaid accused, failing which they were to remit a sum of Rs. 25,000/- to the State. The case was posted to 02.08.2006 and on that date Sidheswar Mallik, was not present. Reminder was issued to the IIC Airfield P.S. to execute the N.B.W. and produce the accused. The bail bonds were forfeited on that date. Thereafter a separate Misc. Case bearing Crl. Misc. Case No. 1/2006 was initiated and notices were issued to the bailors-present appellants to show cause as to why the bail amount shall not be realized from them. After several adjournments, the learned Addl. Sessions Judge-cum-Special Judge (Vigilance), Bhubaneswar held that the petitioners have no cause to show and, therefore, directed that each of them is to pay Rs. 25,000/- as penalty under Section 446(2) of the Code and, accordingly, he issued distressed warrant for realization of the same.