MANOHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MR . Rastogi, learned Counsel for the petitioner has moved an application Under Section 482 Cr.P.C. stating that the accused petitioner could not furnish surety bond before the trial court within two months from the date of the order of this Court dated 1.5.1991. He has submitted that the accused appeared before the trial court in time but the record of the trial court along -with the copy of the judgment of this Court did not reach upto 8th July, 1991 and by that time the months there granted by this Court had expired and the trial court has declined to accept and verify the surety bond. Under, these circumstances, the delay in filing the personal bond is neither wilful and beyond his control due to non receipt of the record in the trial court from the High Court. The trial court has issued a warrant of arrest on 11.7.1991. The accused has also filed an affidavit in support of the application Mr. Vyas has not opposed this prayer.

(2.) I , Having heard learned Counsel for the parties and perusal of the file shows that the record in this case was sent by the office on 24.6.1991. Thus, I consider it proper that there is sufficient and reasonable ground for not submitting the surety bond in time i.e. within two months from 1.5.91. In this view of the matter to secure ends of justice. I deem it proper to grant one month's time to the petitioner to comply with the order of this Court dated 1.5.1991.

(3.) IN the result, this miscellaneous petition is disposed of with the above observations.