GANANATH PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal revision arises out of the order dated 29 -8 -1988 passed by Sri B.N. Patnaik, Sessions Judge, Balasore, 10 Criminal Appeal No. 74 of 1986 against the order dated 21 -7 -1986 passed by Sri S.K. Misra. Assistant Sessions Judge. Balasore, in Misc. Case No. 148 of 1986 imposing a penalty of Rs. 10,000/ - against the Petitioner, who was the bailor for one Iswar Parida in Sessions Trial No. 17/123 of 1985.

(2.) ISWAR Parida was the accused in S.T. No. 17/123 of 1985 and he was convicted in the case on 5 -4 -1986 under Section 497, I.P.C. and sentenced to undergo R.I. for three years. The said Iswar Parida was, however released on bail by executing the bail bond of Rs. 10,000/ - with one surety. The convict Iswar Parida gave an' undertaking in the bail bond to obtain bail order from the appellate court by 21 -4 -1986. The Petitioner Gananath Panda was the bailor. The bail order could not be obtained by 21 - 4 -1986, as stipulated in the bail bond Hence, the learned Assistant Sessions Judge forfeited the bail bond on 22 -4 -1986 A Misc. Case under Section 446 , Code of Criminal Procedure being Misc. Case No. 148 of 1986 was instituted and the bailor (Petitioner) was asked to show cause as to why the bail amount of Rs. 10,000/ - should not be realised from him it appears that the bailor did not file show cause in spite of receiving the notice and hence, the learned Assistant Sessions Judge imposed a penalty of Rs. 10,1000/. It appears that the notice to show cause was served upon the Petitioner on 8 -7 -1986 and by that time the order had already been passed in Criminal Appeal No. 35 of 1986 allowing the convict Iswar Parida to be released on bail of Rs. 5.000/ - with one local surety and the said Iswar Parida had also been released on bail on furnishing the bail bond on 15 -7 -1986. After the penalty was, imposed by the learned Assistant Sessions Judge the Petitioner filed an appeal before the learned Sessions Judge, Balasore. The learned Sessions Judge, Balasore took a liberal view in the matter and imposed a penalty of Rs. 500/ -. Against this order, the revision petition has been filed.

(3.) IT may be mentioned that in Criminal Appeal No. 35 of 1986, the convict Iswar Parida has already been acquitted. It also appears that although the convict Iswar Parida undertook to obtain the bail order from the appellate court on 21 -4 -1986, the same could not be possible probably due to the legal formalities and the bail order was passed on 7 -5 -1986. Soon after the bail order was passed, the same was despatched to the trial court and the said order was received by the trial court on 8 -5 -1986. Hence, in spite of the slight delay, it is found that neither the bailor nor the convict had been negligent in filing the bail petition or in pursuing the bail matter.