GULAB KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned Sessions Judge, Jhalawar, dated 10th August, 1981, where by he forfeited an amount of Rs 3,000/- by way of surety furnished by the appellant for the accused Raghunath in Criminal Appeal No. 45 of 1978.

(2.) THE accused Raghunath was convicted by Chief Judicial Magistrate for an offence u/sec. 397 I. P. C. and sentenced to six months imprisonment vide order dated 11th April, 1978. THE accused Raghunath preferred an appeal before the learned Sessions Judge Jhalawar and he was released on bail urindg the pendency of the appeal. THE appellant Gulab Khan stood as surety for Raghunath and executed a surety bond in the sum of Rs. 3,000/ -. THE accused did not appear in the court on 14th December. 1979, and as such an order was passed for cancellation of the bail bonds. A notice to show cause was given to the appellant. THE appellant in pursuance to the show cause notice submitted an explanation that the accused Raghunath had died and as such it was not possible for him to produce the accused. THE father of the accused was also produced in evidence who stated that his son had died in river due to drowning. THE learned Sessions Judge did not accept the explanation given by the surety and ordered for forfeiture and realisation of the full amount of surety given by the appellant.