BINOD KUMAR YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) <DJG>RAVI NATH VERMA,J.</DJG> The appellant has preferred this appeal under Sec. 449 of the Code of Criminal Procedure (hereinafter referred to as "the Code") challenging the legality of the order dated 12.11.2015 passed by the learned Additional Sessions Judge-VII, Dhanbad in Sessions Trial No. 429 of 2008 (S) whereby the appellant has been sent to civil imprisonment for realization of forfeited amount of rupees one lakh or imprisonment in civil jail for a term of six months.

(2.) The facts of the case, which is relevant for the proper adjudication of this appeal, in short, is that after filing of a Criminal Appeal (DB) No. 1154 of 2012 in this Court by a convict Md. Naseem Ansari against the judgment of conviction dated 18.10.2012 and order and sentence dated 19.10.2012 passed by Additional Sessions Judge-VII, Dhanbad in Sessions Trial No. 429 of 2008 for the offence punishable under Sec. 302 of the Indian Penal Code and also under Sec. 27 of the Arms Act, prayer was made for suspension of his sentence and grant of bail, but the same was rejected vide order dated 07.05.2013. Subsequently, an interlocutory application bearing no. 4046 of 2015 was filed on his behalf for interim suspension of sentence enabling him to perform the marriage of his daughter, which was allowed vide order dated 19.08.2015 and the appellant was directed to be released on provisional bail from jail from 01.09.2015 on furnishing bail bonds of Rs.1,00,000.00 with two sureties with further direction to him to surrender in the court below or before the Jail Superintendent on 7th Sept., 2015 by 4.00 p.m. positively. The bail bond on behalf of Binod Kumar Yadav and Anil Yadav were furnished and after verification, the bail bonds were accepted and the accused was released but the said accused Naseem Ansari violating the order of this Court absconded and did not surrender either before the court concerned or before the Jail Superintendent. Thereafter, the bail bonds were cancelled and vide order dated 09.09.2015, the court below directed to issue show cause notice to the bailors of the accused Naseem Ansari forfeiting the amount of surety bond and non-bailable warrant and Process under Sec. 82 and 83 of the Code were issued against the accused Naseem Ansari.

(3.) From the order sheet of the court below dated 03.10.2015, it appears that a direction was given by the Division Bench of this Court to initiate proceedings against both the sureties in accordance with law and intimate about the outcome of those proceedings to the Court. It further appears from the order sheet dated 06.10.2015 of the court below that in the show cause notice issued to the bailors, 10 days? time was given to file show cause as to why the sureties amount of rupees One Lakh be not forfeited. The said notice against the bailor Binod Kumar Yadav (the appellant), as it appears from order sheet, was served upon him on 05.10.2015.