OM PARKASH MANCHANDA Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 5.9.1986 passed by the Addl.Sessions Judge, Kurukshetra, by which a sum of Rs 1000/- has been ordered to be forfeited under Section 446 of the of the Code of Criminal Procedure.

(2.) BRIEFLY stated the facts of the case are that in case FIR No.99 of 1977 under Sections 379, 419, 411 and 420 of the Indian Penal Code, Police Station City Thanesar Satrangi Lal was convicted and sentenced to imprisonment on various terms under different charges and was also fined a sum of Rs. 25,000/- in all, by the Chief Judicial Magistrate, Kurukshetra. The learned Addl. Sessions Judge, Kurukshetra, vide his order dated 21.12.1985 allowed bail to Satrangi Lal, subject to payment of Rs. 10,000/- as part of the total fine of Rs. 25,000/-, with the condition that the suspension of sentence shall remain in force till 2.4.1986 on which date the accused-applicant will appear in the court and will pay the un-paid amount of Rs. 15,000/-

(3.) ON 26.4.1986, accused was not produced as non-bailable warrants of arrest were not issued by the Ahlmad of the court. On the next date i.e. 12.5.1986 the accused was produced in custody in execution of non-bailable warrants of arrest and he was sent to judicial custody. On that date Satrangi Lal filed an application for bail in the court of Addl. Sessions Judge, stating therein that at the time of filing the appeal, he was released on bail subject to the condition that he would deposit Rs. 15,000/- and would deposit the remaining on or before 2.4.1986. It was further mentioned in the application that on 2.4.1986 he was not in a position to arrange the remaining amount which was directed to be deposited in the Court, as his son had disappeared along with the title deed of the property and the court extended the time for depositing the aforesaid amount of Rs. 15,000/- upto 17.4.1986. It was further mentioned that due to family bickering, the accused-applicant could not deposit the amount of Rs. 15,000/- till that day and he failed to deposit the said amount of Rs. 15,000/- by 17.4.86 and therefore his bail was cancelled and non- bailable warrants were issued against him. He further stated that he had already entered into an agreement to sell his property with some person and he is likely to get huge amount as earnest money. He prayed that the time for depositing the remaining amount may be ordered to be extended upto 20.5.1986 that he be ordered to be released on bail or in the alternative he may be ordered to be sent to Delhi in the police custody, so that he may get the amount which is to be deposited in the court. This application was declined by the Addl. Sessions Judge, Kurukshetra, on 13.5.1986 and it was ordered that as soon as the accused-applicant pays the fine of Rs. 15,000/- he shall be released on bail. Satrangi Lal has not stated in para No.6 of his application which was filed by him on 12.5.1986 that he was absent from the court.