MAHAVEER PRASAD AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH the petitioners are with regard to forfeiture of the surety amount pertaining to accused Tej Karan Tej Karan was challaned under Section 409 and two cases were pending against him. The petitioners stood surety in both the cases. Subsequently, the accused absconded and the case is still pending. The lower Court gave notice to the petitioner in both the cases for forfeiture of the surety amount and after hearing ordered to forfeit Rs. 5,000/ - from each petitioner in both the cases. They preferred appeals against this order and the learned Sessions Judge in both the cases with regard to both the petitioners reduced the forfeiture amount from Rs. 5,000/ - to Rs. 3,000/ -. Both the petitioners preferred these revision petitions against both the orders in both appeals.

(2.) HEARD the learned Counsel for the petitioners. The accused is absconding since 19 -2 -1980 and inspite of the best efforts, the petitioners could not find him and could not produce him in the Court. Looking to all these circumstances of this case, the order of forfeiture of the surety amount in both the cases is maintained. But the amount is reduced from Rs. 3,000/ - to Rs. 1,500/ -. Therefore, each petitioner's amount i.e. Rs. 1,500/ - in each case is maintained. The amount is to be deposited within two months.