IKRAMUDDIN Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the judgment of learned Session Judge, Sikar, dated 21st Jan., 1993, whereby he confirmed the judgment in appeal passed by the learned Chief Judicial Magistrate, Sikar dated 7th Nov., 1992.

(2.) Briefly stated the facts are that the petitioner faced the trial for offences under Sec. 457 and 380 Indian Penal Code in the Court of learned C.J.M. Sikar. He was granted bail in that case but he did not appear on 22nd July, 1982. Consequently, a notice was issued to him under Sec. 446(3) Code Criminal Procedure as to why his surety bond and the personal bond be not forfeited. Notices were also issued to the sureties for appearing in the Court on 21st June, 1983 but they did not appear. The trial-Court therefore, directed the forfeiture of the bail-bonds and the surety bonds. The trial-Court issued warrants for recovery of the amount against both the sureties and the petitioner vide its order dated 21st June, 1983. An application was moved under Sec. 446(3) of the Code of Criminal Procedure, which was dismissed for non-prosecution. Yet another application was moved which was dismissed on 8th Aug., 1991. An appeal was preferred which was dismissed by the impugned order of the learned Sessions Judge.

(3.) It is pertinent to mention here that the accused later-on had appeared before the Court and faced the trial and he was convicted and sentenced for both the offences under Sections 457 and 380 Indian Penal Code to various terms of imprisonment and fine. An appeal was preferred which was dismissed while sentence was reduced to the period already undergone which was about three weeks. The accused petitioner had already undergone the sentence imposed against him. It is also pertinent to mention that the accused was below 21 years of age at the time of incident. The petitioners contention in the application was that he was a poor man therefore, he went to earn his lively-hood and therefore, could not attend the date of hearing on 22nd July, 1982. After notice his surety bonds were ordered to be forfeited vide order dated 21st June, 1983 and a warrant for recovery of Rs.6000.00 was ordered to be issued against the petitioner and Rs. 3000.00 for both the sureties. Both the sureties unfortunately have died in this case. The petitioner later-on moved an application but the same was dismissed and appeal too was dismissed.