STATE OF RAJASTHAN Vs. GANPAT SINGH

JUDGEMENT

(1.) IN pursuance of a warrant issued by this Court on 18-7-1987, Ganpat Singh had filed his personal bond as well as surety bonds of one Achla Ram and Hukam Singh in D. B. Criminal Appeal No. 938/76. It appears that Ganpat Singh did not appear on one of the dates fixed, with the consequence that this Court on 5-5-1989 ordered forfeiture of the bonds of the appellant as also of the sureties and directed issue of notice to them why the amount of bonds may not be recovered. A reply has been filed by the accused appellants submitting that late Shri M. R. Bhansali was counsel on his behalf in D. B. Criminal Appeal No. 938/76. Shri M. R. Bhansali had an associate Shri K. M. Kumbhat, Advocate, but the appellant had appointed only Shri M. R. Bhansali as his counsel. Shri M. R. Bhansali died and at hearing, Shri Kumbhat pleaded no instructions. It is averred that Ganpat Singh was not having any knowledge regarding the death of Shri Bhansali and had gone out of State to graze his cattle as there was drought in the area and it was, in these circumstances, that he could not appear on the date fixed. It was stated that in pursuance of the warrant issued by this Court, he was apprehended and was put behind bar and has thereby suffered much. The State has not chosen to file any reply to the application. We have absolutely no reason to doubt the truth of the averments of the appellant made before us.

(2.) IN these circumstances, we are of the view that the amounts of bonds of the appellant as also of Shri Achla Ram and Hukam Singh need not be recovered. The show cause notice are, therefore, discharged. .