BALAK RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since all these appeals arise out of connected proceedings before learned Court below, as such, same were heard together at the request of Learned Counsel appearing for the appellant and are being disposed of vide this common judgment.

(2.) By way of instant criminal appeals filed under S.449 (ii) CrPC, challenge has been laid to orders dtd. 28/5/2022 passed by learned Special Judge-II, Kullu in CrMP's Nos. 327 of 2022, State v. Prem Chand, 328 of 2022, State v. Balak Ram and 329 of 2022 titled State v. Raju, wherein learned Court below ordered forfeiture of the surety bonds furnished by the appellants and imposed penalty of Rs.5.00 Lakh each, upon all the appellants, in the proceedings under S.446 CrPC in Session Trial No. 39 of 2018, titled State v. Prakash Suvedi.

(3.) Precisely, the facts of the case, as emerge from the record, are that in Session Trial No. 39 of 2018 titled state v. Prakash Suvedi, which is pending before learned Special Judge, Kullu, present appellants stood surety for the accused namely Prakash Suvedi and furnished surety bonds of Rs.5.00 Lakh each. Since the accused failed to appear before learned court below, it cancelled the bail bonds of accused and forfeited the same to the State of Himachal Pradesh and initiated proceedings under S. 446 CrPC were initiated against appellants in terms of order dtd. 31/3/2022.