BEEKHA Vs. EMPEROR, THROUGH BHAGIRATH

JUDGEMENT

(1.) IN this case the accused wan not present on the date for which the hearing; of the case had been adjourned. He sent in an application of illness through the Chaukidar Rikhai. The learned Magistrate adjourned the case for a week and, instead of confiscating his bail bound, awarded Rs. 25 as damages to the other side and adjourned the case on this condition. This case has been referred for the orders of this Court by the learned Sessions Judge of Agra on the ground that such an order of fine, so to say, cannot be legally passed against an accused person who is absent. There is no case of this Court on this matter. But I agree with the Punjab Chief Court in Browne V/s. Chanda Singh 6 P. R. 1906 Cr. : 114 P. L. R. 1907 : 4 Cr. L. J. 78. The eases of this Court which I hive been able to find were eases in which compensations were allowed to the accused when an adjournment was asked for by the prosecution, but I have not seen any case in which an order of compensation against an accused person had been passed because he could not attend the Court owing to his illness. The Court cannot take any proceedings against an accused person in his absence. I accept the reference, set aside the order of the Trial Court and direst that the compensation, if realised, should be refunded to the accused.