ONKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the order of the ld.Sessions Judge, Balotra dated August 8, 1983 passed in a proceeding under Section 446, Cr. PC. By the said order, the learned Session Judge directed the appellants to deposit a sum of Rs. 1000/ - each under their bonds and remitted the remaining portion.

(2.) APPELLANT Onkar was convicted in some criminal case and he preferred an appeal in the court of the learned Sessions Judge, Balotra. His sentence was suspended and he was enlarged on bail on his furnishing a personal bound in the amount of Rs 2,000/ - and a surety in the like amount. The bail -bonds was submitted before by him, The surety bond was executed by appellant Janyaram. He was to put appearance on 14 -41982 before the learned Session Judge, but he failed to do so. His bail -bonds, were consequently forfeited and notices were also issued to the appellants to show cause as to why the full amount of the bonds be not recovered from them. Both the appellants put appearance and submitted that accused Onkar became suddenly ill on 14 -4 -82 and as such, he could not put. his appearance. However, the appellants adduced no evidence. Taking all the factors into consideration, the learned Judge directed the appellants to pay Rs. 1000/ - under their each bond. Aggrieved against the said order, the appellants have come to this Court.

(3.) THE only submission made by the learned counsel for the appellants Onkar Is that appellant failed to put appearance only on one occasion. As such, a lenient view should be taken. I have taken the respective contentions into consideration. In my opinion, it would not be improper to grant a further remission. The accused -appellants failed to put appearance only on one occasion. He had thereafter regularly put his appearance.