KESAR DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed against the order dtd. 8/2/2023 passed by learned Additional Sessions Judge, (Family Court) Rajsamand in Criminal Misc. Case No. 07/2023 whereby, the surety bond furnished by the appellant-surety for the appearance of the accused Heera Lal were forfeited by the court below and warrant of recovery has been issued against the appellant.

(2.) Mr. Kalu Ram Gadari, husband of the appellant Kesar Devi is present in person. He submits that accused-Heera Lal is his son and he could not appear on the date fixed by the trial court i.e. on 21/1/2023 on account of his illness. Prior to that, he was continuously appearing before the trial court. After issuing warrant of arrest against him, accused-Heera Lal has already surrendered before the learned trial court on 31/1/2023. He further submits that the appellant is a female rustic villager and is suffering from old age ailments. She is a poor person and not in a position to deposit such a huge amount of surety bond to the tune of Rs.25,000.00. Although accused himself has surrendered before the learned trial court just after a month yet, the trial court is adamant to recover the amount of surety bond from the appellant and has issued a warrant of recovery which is, according to Mr. Gadari, is highly illegal and contrary to law. Thus, he prays that the amount of recovery may be reduced.

(3.) Learned Public Prosecutor has opposed the contention raised on behalf of the appellant.