KANTA THEENG Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The order dated 29th May, 2003 passed by the learned Sessions Judge, East and North at Gangtok in Criminal Appeal No. 14 of 2003 dismissing the appeal of the present petitioner, Smt, Kanta Theeng and affirming the orders dated 19th March, 2003 and 20th March, 2003 passed by the learned Chief Judicial Magistrate, East and North at Gangtok in Criminal Case No. 63 of 2002 is the subject-matter under challenge in this revision-petition.

(2.) The facts of the case, in a short compass, are as follows : The present petitioner, Smt. Kanta Theeng stood surety for the accusedSubhash Chandra Bhakta in connection with Singtam P.S. Case No. 5(3) of 2001 under Ss. 170/384/34 of the Indian Penal Code in terms of the related order dated 23rd March, 2001 passed by the learned Sessions Judge, East and North at Gangtok in Criminal Misc. Case No. 36 of 2001 and in that regard, the present petitioner, Smt. Kanta Theeng executed a surety bond for a sum of Rs. 20,000/- on 23rd March, 2001 before the learned Sessions Judge, East and North at Gangtok. The case was tried by the learned Chief Judicial Magistrate, East and North at Gangtok and on 19th March, 2003, the accused-Subhash Chandra Bhakta was absent in the Court without showing any cause for which the learned Chief Judicial Magistrate, East and North at Gangtok issued non-bailable warrant of arrest against the accused and also show cause notice to the present petitioner for her appearance on 20th March, 2003. However, the accusedSubhas Chandra Bhakta appeared before the learned Chief Judicial Magistrate, East and North at Gangtok on that day, i.e. 19th March, 2003 at 3.30 p.m. and the accused was remanded to judicial custody till 20th March, 2003 and further directed the sureties including the present petitioner, Smt. Kanta Theeng to file show cause by 20th March, 2003 and accordingly, the present petitioner submitted the show cause by contending, inter alia, that the petitioner does not reside/live in close proximity of the accused-Subhash Chandra Bhakta and was out of touch and apart from that the petitioner is in extreme financial difficulty as she is the only earning member of the family and, she be excused from being penalised. But the learned Chief Judicial Magistrate, East and North at Gangtok was of the view that the grounds assigned by the accused in his show cause are not sati sfactory and accordingly, the same stands rejected and directed the sureties including the present petitioner, Smt. Kanta Theeng to deposit the forfeited bail bond amount of Rs. 20,000/--and accordingly, the petitioner deposited the forfeited bail bond amount on 21st March, 2003. Being dis-satisfied with the order dated 19th March, 2003 and 20th March, 2003 passed by the learned Chief Judicial Magistrate, East and North at Gangtok, the present petitioner preferred an appeal before the learned Sessions Judge, East and North at Gangtok under Criminal Appeal No. 14 of 2003 which was also rejected by the learned Sessions Judge, East and North at Gangtok. Being aggrieved by the impugned order dated 29th May, 2003 passed by the learned Sessions Judge, East and North at Gangtok in connection with the criminal appeal, the present petitioner filed this revision-petition.

(3.) The present petitioner, Smt. Kanta Theeng questioned the validity of the impugned order dated 29th May, 2003 with the following grounds :