MANSHARAM AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Mansharam & Kalyani, appellants stood sureties and executed surety bonds in sum of RS. 10,000.00 for Sugreev, who was an accused alongwith co-accused persons for offences U/Ss. 392, 395, 307, Penal Code in Sess. Case No. 46/03 and was enlarged on bail. Pursuant to bail bonds accused Sugreev did not appear before the trial Court, thereby it resulted in an order by the trial Court for forfeiture of his personal bail bond and surety bonds, besides initiation of proceedings U/s. 446. Cr.PC. against the appellants & accused Sugreev, who subsequently surrendered before the trial Court on 23.10.03.

(2.) However, present appellants moved an application u/s. 446(3) Cr.RC. before trial Court praying for dropping the proceedings U/s. 446, Cr.PC, but the trial Court dismissed the same and issued warrants against the appellants for recovery of Rs. 10,000.00, vide order dated 30.5.03. Hence this appeal

(3.) Shri Rohan Jain submits that pursuant to recovery warrants, each of appellants has already submitted Rs 10,000.00 as is apparent from order dated 27.9.03, but the trial Court failed to take a lenient view for dropping the proceedings U/s. 446, Cr.PC against the appellants.