STATE OF RAJASTHAN Vs. BHERU

JUDGEMENT

(1.) Heard Mr. R. K. Soni for the applicant Ram Lal and the learned P. P.

(2.) Ram Lal stood as surety of accused Bhairoo for his production in this court in S. B. Cr. Appeal No. 94/81. It appears that accused-Bhairoo did not appear before the court in connection with the said appeal and by order Date 25.9.81, it was directed that the case u/s. 445 Cr P.C. be initiated against the accused-Bhairoo and surety Ram Lal and thereafter notices were issued to Bhairoo and Ram Lal requiring them show cause as to why the amount of the surety may not be recovered from them. In the said proceedings Mr. B. R, Mehta filed the memo of appearance on behalf of Bhairoo and surety Ram Lal on 21.1.82. On the said date Shri Mehta wanted time to produce the accused Bhairoo and surety Ram Lal before the court and it was directed that accused Bhairoo and surety Ram Lal be produced on 12.2.82.

(3.) The accused and the surety were however not produced on 12.2.82 as well as on the other dates to which the case was adjourned. On 4th March, 82 Shri Mehta submitted that he had not been able to contact the accused and surety and that he is not in a position to produce them in court and thereupon a direction was given that non-bailable warrants be issued for the arrest of the accused Bhairoo and surety Ram Lal to secure their presence in this court.