KAMAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Both, Criminal Appeal No. 54 of 1986 and Criminal Appeal No. 66 of 1986, have been filed under S.449(2), Cr. P.C. and are directed against the Same order of the Sessions Judge passed on 3rd July, 1986, under S.446, Cr.P.C. It would, therefore, be convenient to dispose both these appeals by this common order.

(2.) The material facts are like this : Shri Ghera, the appellant in Criminal Appeal No. 66 of 1986, was convicted and sentenced to imprisonment till the rising of the court and to pay a fine of Rs. 1,000/- for the offence falling under S.61 of the Punjab Excise Act by the Sub-divisional Judicial Magistrate, Nurpur. Feeling aggrieved, he preferred an appeal against his aforesaid conviction and sentence before the Sessions Judge. Along with the appeal he made an application under S.389, Cr. P.C. praying for suspension of the sentence imposed upon him. The appeal was admitted by the Sessions Judge on 11-10-1985. On the same day the learned Sessions Judge passed the following order on the application under S.389, Cr.P.C. : -

(3.) Pursuant to this order, Shri Ghera furnished a bond in the sum of Rs. 3,000/ -. Smt. Kamla, the appellant in other appeal, being Cr. Appeal No. 64 of 1986, who is the mother of Ghera stood surety for her son and in that capacity executed a surety bond in the sum of Rs. 2,000/- before the trial Court. The language in which the personal bond and the surety bond were executed by Shri Ghera and Smt. Kamla respectively is reproduced below from the original bonds found on the record : -