RAM LAL DOGRA Vs. STATE OF H P

JUDGEMENT

(1.) This petition is directed against the order dated 1.9.2015, rendered by the learned Special Judge -III, Solan in case No.67 ASJ-II/4 OF 2015.

(2.) Key facts, necessary for the adjudication of this petition are that the petitioner stood surety for the accused, namely, Hukam Chand before the trial Court. The accused jumped over the bail and did not put his presence before the trial Court. The proceedings were initiated against the petitioner under the relevant provisions of the Code of Criminal Procedure. The petitioner has not placed on record the entire jimni orders on record but it is evident from order dated 27.8.2014 placed on record that proceedings under Section 446 Cr.P.C. were initiated against the petitioner and he was not present on that date. The case was repeatedly called but none appeared on his behalf. The learned trial Court came to the conclusion that since the petitioner has not put in appearance, he has nothing to say in the matter, therefore, appropriate warrant to realize the forfeited amount was issued against him and report was called for 13.10.14. The matter was taken up on 1.12.2014. Neither the penalty amount was paid nor necessary warrant to realize the forfeited amount was issued. The matter was to come up on 17.1.2015. The matter was adjourned on 17.1.2015 for 13.2.2015. In these circumstances, the trial Court was constrained to issue warrant of attachment to the District Collector and the report was called for 16.4.2015. The matter again came up on 1.6.2015. The petitioner who was present on the previous date of hearing was not present. The case was repeatedly called, however, there was no appearance and appropriate warrant to realize forfeited amount of Rs. one lac was issued and the report was called for 14.7.2015. The petitioner has shown his inability to pay the surety amount. The matter was ordered to be listed on 1.9.2015.

(3.) The learned trial Court issued warrant under Section 421 Cr.P.C. to the District Collector to realize the amount of the penalty imposed against the petitioner in the sum of Rs. one lac from his moveable and immoveable property and arrears of land revenue. Thereafter, the District Collector was directed to deposit the amount before the Court on the next date of hearing i.e. 5.10.2015. The warrant issued under Section 421 Cr.P.C was not received back after compliance. Notice was issued to the District Collector why he failed to execute the warrant in accordance with law and why action shall not be initiated against him as per law. The matter was ordered to be taken up on 17.10.2015. Hence, this petition.