HIMMAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing instant appeal under Sec. 449 Cr.P.C., challenge has been made to the order dtd. 20/1/2023 passed by learned Additional Session Judge No.3, Bharatpur in criminal misc. case No. 54/2021 whereby the learned Judge has dismissed the application filed by the appellant under Sec. 446(3) Cr.P.C. and issued recovery warrant.

(2.) Learned counsel for the appellant submits that the appellant is poor villager and since the accused Tikam Chand is the nephew of the appellant and therefore under the bonafide faith, upon insistence of Tikam Chand, he agreed to furnish bail bonds. Later on because of non apperance of accused Tikam Chand, his bail bonds were forfeited by the learned appellate Court and thus warrant of arrest was issued against him. It is further contended that because Tikam Chand implored the accused to become his surety by saying that there was a dispute of amount in between him and the other party and for that a cheque related case was pending in the Court. A notice under Sec. 446 Cr.P.C. was issued against the appellant. The appellant did his level best to trace and produce accused Tikam Chand before the Court but his efforts went in vain and thus helplessly he filed reply of the proceedings under Sec. 446 Cr.P.C. It is submitted that circumstances were unavoidable for the petitioner and therefore he made prayer to the learned court to remit the penalty amount under Sec. 446(3) Cr.P.C. but the same has been turned down and the entire amount of Rs.1,00,000.00 has been directed to be recovered from the appellant. It is repeatedly urged that the appellant is a very poor person and he failed to trace the accused despite sincere efforts therefore the impugned order may be set aside.

(3.) Per contra, learned counsel for the State opposed the prayer made by learned counsel for the appellant.