RAJESH KUMAR Vs. NANAK CHAND

JUDGEMENT

(1.) BY this order Crl. Revision No. 924 of 1996 and Crl. Misc. No. 22020-M of 1996 are being decided as they arise out of the same set of facts.

(2.) THE backdrop of the case is that Nanak Chand, Harkrishan Lal, Mangat Ram and Wasawa Ram respondents and the petitioner Rajesh Kumar were bound down in proceedings under section 107/151 of the Code of Criminal Procedure (in short, the Code) under section 116(3) of the said Code vide order dated December 30, 1993, passed by the Sub-Divisional Magistrate, Fazilka, for a period of six months, in the sum of Rs. 5,000/- each to maintain peace. Respondents Nanak Chand and Harkrishan Lal were parties in the said criminal case, while Mangat Ram and Wasawa Ram stood surety for these respondents. Thus, these respondents and the petitioner furnished their personal/surety bonds.

(3.) AGGRIEVED by this order the respondents filed Criminal Appeal No. 25 of 1995 in the Court of Shri Amar Nath Jindal, Additional Sessions Judge, Ferozepur. Vide his order dated July 17, 1995, respondents' appeal was allowed. The learned Additional Sessions Judge held that the trial Court had not followed the procedure to decide the application under Section 446 of the Code by not affording opportunity to the parties to lead evidence in support of their case. He also observed that so far the appellants had not been held guilty of the fact that they had breached peace during the period of personal/surety bonds furnished by them. On the basis of these findings, he held :