SANTA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed under. Section 397, Cr. P. C, 1973 against the order of the learned Additional Sessions Judge, Raisinghnagar dated August 25, 1981, partly allowing the appeal preferred under Sec. 449 (1) Cr. P. C, 1973. The facts of the case giving rise to this revision may be summarised thus.

(2.) THE accused-petitioner No. 2, Dalveer Singh, was facing trial under Section 54 Rajasthan Excise Act. He furnished his personal bond of Rs. 2,000/-and the surety bond of the petitioner No. 1, Santa Singh, of the like amount for his appearance before the Munsiff-cum-Judicial Magistrate, Raisinghnagar. On January 20, 1981, he failed to appear before the learned Magistrate. His bail-bonds to appear before the learned Magistrate were forfeited and notices under Sec. 446 (1) Cr. P. C. were issued to both the petitioners.

(3.) ADMITTEDLY, replies were filed by the accused - petitioner No. 2, Dalveer Singh, and Surety petitioner No. 1 Santa Singh on June 20, 1981 and on the same day, the learned Munsiff-cum-Judicial Magistrate, Raisinghnagar passed the order for the payment of the entire amount of the bonds. It is clearly stated in the replies of both the petitioners that medical certificate regarding the illness of the accused on January 20, 1981 would be filed. The learned Magistrate should have given an opportunity to the petitioners for producing it. It is not in dispute that this aspect of the case was not considered by the learned Additional Sessions Judge, Raisinghnagar.