BATANIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal under section 449 Cr. P.C. against the order of the learned Sessions Judge, Tonk, dated October 17, 1984 whereby he ordered the recovery of Rs. 3000/- from the appellants Batania and Kana each. The appellants had given surety bonds for the appearance of the accused Sabia who had been released on bail. He absented himself and, therefore, the proceedings under section 446 Cr. P.C. were drawn. Notice was issued to the appellants but they did not choose to file reply, as a result of which the, learned Judge ordered the forfeiture of the entire amount of the surety bonds. The accused Sabia was appreheaded by the sureties and was taken to police chowki, Paliyada wherofrom he was produced before the court under arrest. Besides this, Sabia after trial has already been acquitted on August 6, 1984 and in these circumstances the appellants having given their full support in securing the presence of the accused ought to have been dealt with leniently. THIS appeal filed is barred by limitation but I condone the delay keeping in view the fact that ends of justice would meet in doing so. In a case like the present where the sureties have helped in apprehending the accused and has been ultimately been acquitted the court must take a lenient view. The appellants are rustic villagers and if the reply could not be filed on his behalf even then the circumstances ought to have been taken note of.

(2.) IN the facts and circumstances of the case I partly allow the appeal, maintain the order of forfeiture of the surety bonds but reduce the amount to be recovered from Rs. 3000/- each to Rs. 500/- each. IN this case it is reported that the sheep belonging to appellants have been seized in pursuance of the warrant issued by the Court, if 80 same shall be handed over back to the appellants on their depositing Rs. 500/- each. Appeal partly allowed.