JARNAIL SINGH Vs. GULAB SINGH

JUDGEMENT

(1.) The accused-petitioners herein, through a verdict of acquittal pronounced on 8/2/2018, by the learned Judicial Magistrate Ist Class, Tohana became acquitted of the charges drawn against them, under Ss. 323, 325, 341, 506, 148, 149 of the IPC. The complainant became aggrieved of the verdict of acquittal, and, challenged it through casting appeal No. CRA-68-2018 before the learned Sessions Judge, Fatehabad.

(2.) The learned Appellate Court, through an order made on 11/5/2018, after his perusing the report of the Ahlmad concerned, that despite summons being issued, upon the accused-petitioners, for 11/5/2018, yet theirs not causing theirs respective personal appearances before him, nor appearance being caused through their authorized counsel. Therefore, he proceeded to cause their summoning through issuance of bailable warrants, in a sum of Rs.50,000.00 with one surety in the like amount. On 17/8/2018 the bailable warrants, as became ordered to be issued, upon, the accused-petitioners, through the order made on 11/5/2018, were reported by the Ahlmad concerned, to be not personally served upon each of the accused. Consequently, the learned Sessions Judge, concerned ordered for the summoning of the accused-petitioners, through fresh bailable warrants, in a sum of Rs.20,000.00 with one surety in the like amount, and, the afore bailable warrants were made returnable on 9/10/2018. On 9/10/2018 the accused-petitioners, alongwith their respective counsels recorded their personal appearances, before the learned Sessions Judge, Fatehabad. On the afore date, the learned Sessions Judge, directed that the accused-petitioners furnish their personal bonds in a sum of Rs.50,000.00 with one surety in the like amount, and, also directed, that since the afore furnishing of personal and surety bonds by each of the accused-petitioners, in a sum of Rs.50,000.00, became furnished before him, hence he proceeded to accept them. The learned counsel appearing for the accused-petitioners states, at the bar, that when the matter was listed for arguments before the learned Sessions Judge, Fatehabad, on 30/11/2021, and, since on the afore date, though the counsels engaged by the accused-petitioners were not present, and, also the accused-petitioner, did not record their respective personal appearances, before the learned Appellate Court concerned. Therefore the personal surety bonds as became furnished by each of the accused- petitioners became ordered to be cancelled, and, their bail bonds were forfeited to the State of Haryana. A reading of the order made on 30/11/2021, also unfolds that thereafter, the learned Sessions Judge concerned, proceeded to issue warrants of arrest against the accused-petitioners, and, they were made returnable on 18/2/2022. In addition, he proceeded to order for drawing of proceedings under Sec. 446 of the Cr.P.C. against accused-petitioners, as well as against their respective sureties.

(3.) The effect of the verdict of acquittal pronounced, upon, the accused-petitioners carries the requisite legal effects, appertaining to exoneration of their guilt with respect to the charged offences, and, the afore exoneration lasts uptill the learned Appellate Court proceeds, to annul the verdict of acquittal pronounced, upon, the accused-petitioners.