NAND RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Misc. Petition has been filed on behalf of the petitioner Nand Ram.

(2.) One Prabhu Lal had been convicted by the learned Special Judge, SC/ST Act Cases Bhilwara in Sessions Case No. 66/2010 by the judgment dated 9.9.2011. The sentences awarded to Prabhulal were suspended by this Court vide order dated 14.10.2011. The petitioner stood surety for the appellant Prabhu Lal. While suspending the sentences awarded to Prabhu Lal, he was directed to remain present before this Court on 13.12.2011. Prabhu Lal failed to turn up before this Court on 13.12.2011. Accordingly, this Court vide order dated 26.3.2012 forfeited the bail bonds and surety bonds. The petitioner as well as the other surety Mr. Chhitar were issued notice to appear and face proceedings under Section 446 Cr.P.C. No reply was filed on behalf of the petitioner. Ultimately the matter was sent to the Trial Court to recover the amount of surety bonds. On 8.5.2014 this Court directed that the Trial Court may enforce the proceedings of recovery against the surety by using coercive methods like sending the person to civil jail.

(3.) One of the sureties Mr. Chhitar has deposited the amount of the surety bond. The petitioner failed to deposit the amount of his surety bond, on which he has been taken in custody on 6.8.2014.