DHARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) NOTICE of motion. At the asking the Court, Mr. Sanjiv Sheokand, Assistant Advocate General, Haryana accepts notice. Admitted.

(2.) SINCE very short point is involved in the present appeal, the same is being disposed of today itself.

(3.) IN woodcut the facts of the present case are that Dharambir appellant No. 1 is facing trial in a case FIR No. 176 dated 21.5.2001 under sections 147/148/323/302/325 IPC, registered at Police Station City Bhiwani. He absented himself on 3.4.2003 and 4.4.2003 and as such his bail/surety bonds were cancelled and forfeited to the State. A notice was issued to both the appellants under section 446 Cr.P.C. calling upon them to explain as to why the surety bond amount of Rs. 30,000/- should not be recovered from them. The stand taken by the appellant Dharambir was that he had gone to Rajasthan to purchase a thrasher and he was detained in police station Surajgarh District Jhunjhunu (Rajashtan) in a case and for that reason he could not come present on the giveî dates. The learned trial Court found the explanation as unsatisfactory and ordered both the appellants to pay Rs. 20,000/- each as penalty amount out of the previously furnished bail bond/surety bond to the tune of Rs. 30,000/- by them. Aggrieved by the impugned order dated 12.6.2003 both the appellants have preferred the present appeal.