ASHOK Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners who are as many as four in number have preferred this appeal against the impugned orders dated 13.6.1997 and 9.7.1997, whereby they were ordered to undergo civil imprisonment as they had failed to make payment of Rs. 5000/- imposed upon them as penalty in the proceedings under Section 446 of the Code of Criminal Procedure.

(2.) THE petitioners who were facing trial for the offences under Sections 148 and 302 read with Section 149 of the Indian Penal Code, on the closure of the prosecution evidence were found guilty by the learned trial Court. The case was postponed to next date for hearing on the question of sentence. On the appointed day, they failed to appear, therefore, the learned trial Court had forfeited the bail bonds and surety bonds and issued notices under Section 445 of the Code of Criminal Procedure. Ashok, Raghbir and Partap surrendered before the Court on 13.6.1997, while appellant Ramesh had surrendered on 15.6.1997.

(3.) BEFORE I deal with the main case pertaining to the legality of the impugned orders, I would also like to deal with the application filed under Section 5 of the Limitation Act because there is a delay of 892 day in filing the appeal.