K DEBENDRA DORA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants assail the order dated 30/7/2004 passed by the Assistant Sessions Judge, Aska in M.C. No.121 of 2004 (S.C. No. 22/2004) imposing a penalty of Rs.20,000.00 (twenty thousand) on them, in default to suffer civil imprisonment for six months each.

(2.) The materials on record reveal that both the appellants were bailors/sureties for one K. Ashok Kumar Dora, accused in Sessions Case No.22 of 2004 pending before the Assistant Sessions Judge, Aska. As the said accused did not appear in Court after his release on bail, the Court below issued notice to the appellants calling upon them to produce the said accused in Court. After perusing the show-cause reply of the appellants, the Court below being not satisfied with that imposed the penalty on them as stated in the first paragraph above. Thereafter as the appellants did not pay the penalty, process under Sections 82 and 83 Cr.P.C. was issued to them. The NBWA issued against the appellants having been executed they were arrested, but they have been granted bail on their depositing the aforesaid penalty of Rs.20,000.00 before the Court below in consonance with the order of this Court passed on 29/9/2004.

(3.) Miss Mohapatra, learned Counsel for the appellants, forcefully submitted that the procedure adopted by the Court below culminating in imposition of penalty and issuance of NBWAs against the appellants was erroneous and contrary to the provisions of law and, as such, the entire amount paid by the appellants as penalty may be ordered to be refunded to them. She further submitted that the aforesaid accused K. Ashok Kumar Dora was later on arrested, faced the trial and has ultimately been acquitted in the case.