GULAM NABI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the order dated 17-1-1989 passed by the Sessions Judge, Jhalawar in criminal case No. 9/89 whereby the amount of personal bond so also the amount of surety bond of the accused and his surety, have been forfeited holding therein that the appellant who was facing trial under the N.U.P.S. Act before the trial Court and was on bail, remained absent on 19-12-1988.

(2.) It has not been disputed that (on the day of hearing i.e. 19-12 1988, Gulam Nabi sent a telegram of his illness wherein it was also-prayed that personal appearance of the appellant (Gulam Nabi) be exempted; and further, the appellant. (Gulam Nabi) was unable to attend the Court on 19-12-1988 an application for exemption was also filed by the Counsel for the appellant (Gulam Nabi). The learned Trial Court forfeited the amount only on the ground that no affidavit was filed before it and apart from that, no medical certificate was filed.

(3.) I have perused the application dated 19-12-1988 filed by the learned Counsel for the accused- appellant (Gulam Nabi) before the trial Court for exemption from appearance. In that application it has been stated that appellant, Gulam Nabi was suffering from diarrhoes and had sent Ayyub so as to inform the Advocate about his illness. Application dated 19-12-1988 is available in the Trial Court file and that apart, telegram said to have been sent by the appellant (Gulam Nabi) is also available.