ONKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal against the order of the learned Sessions Judge, Balotra dated August 8, 1983 passed in a proceeding under Section 446, Criminal Procedure Code. By the said order, the learned Sessions Judge directed the appellant to deposit a sum of Rs. 1000/- each under their bonds and remitted tile remaining portion.

(2.) Appellant Onkar was convicted in some, criminal cases 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 bond 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 Jasyaram. He was to put appearance on 14-4-1982 before the learned Sessions Judge, but he failed to do so. His bail bonds were consequential 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.) I have heard the learned counsel for the appellants and the Public Prosecutor. I have also examined the impugned order.