KAKA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, the Code hereinafter), the petitioners seek extension of time to file personal bond and the surety bonds and also to pay the amount of compensation as directed by this Court vide judgment and order dated 19-11-2003 passed in S.B. Criminal Appeal No. 424/1987, which was further extended by this Court vide order dated 22-3-2006 in S.B. Criminal Misc. Petition No. 1299/2005 on the ground that the petitioners are in jail and the compliance order which was sent to the Superintendent, Central Jail, Sri Ganganagar dated 22-3-2006 did not specify that in what terms the personal bond and the surety bonds were to be furnished and what was the amount of compensation to be deposited by the petitioners.

(2.) Learned counsel for the petitioners submits that though the appeal filed by the petitioners came to be decided by this Court vide judgment and order dated 19-11-2003, but the counsel representing the petitioners neither informed them about the fate of the case, nor obtained the certified copy of the judgment and order, nor made the same available to the petitioners and, therefore, the petitioners could not know as to what extent the amount of compensation was to be deposited and in what terms the personal bond and surety bonds are to be filed.

(3.) By the order dated 22-3-2006, this Court directed that the petitioners may now furnish the personal bond and surety bonds and deposit the amount of compensation as directed by this Court vide judgment and order dated 19-11- 2003 passed in S.B. Criminal Appeal No. 424/1987 within fifteen days and in case the required bonds are not furnished and the amount of compensation is not deposited within fifteen days' time so granted, the trial Court will be free to proceed against the petitioners in accordance with law. The petitioners could not know about the order dated 22-3-2006 as the counsel appearing for them in the matter also did not inform the petitioners about the order and when the petitioners came to know about the order dated 22-3-2006, by that time the period of fifteen days extended by this Court already came to an end and thereafter the petitioners filed personal bonds and surety bonds and were also prepared to deposit the amount of compensation, but the trial Court, vide impugned order dated 13-4-2006, refused to verify the personal bonds and the surety bonds and also refused to accept the amount of compensation.