JUDGMENT D.N. Jha, J. - This criminal appeal has been directed against the order dated June 27, 1985 passed by the Additional Sessions Judge. Faizabad in Criminal Misc. Case No. 7 of 1984 relating to proceedings under Section 446 of the Criminal Procedure Code whereby the security bond amounting to Rs. 5,000 has been directed to he forfeited. 2. This criminal appeal has been filed after a considerable delay along with an application under Section 5 of the Limitation Act. in view of the facts involved in this appeal, which lies in a narrow compass, I condone the delay as the applicant appears to be a villager with little knowledge about law. 3. 1 have heard the learned counsel for the parties and gone through the impugned order. 4. The opening sentence of the order indicates that there had been some negligence on the part of the office in as much as the file was not placed before the Presiding Officer in due time. Moreover, f find that the order is too cryptic although, it is penal in nature. on such cases, it is expected that the Presiding Officers ought to Where to he sound principle of natural justice. A person is being subjected to a fine of Rs. 5,000 as the hail bond furnished by him is to be forfeited. Therefore, in my opinion, it was incumbent on the learned Presiding Officer to have provided reasonable opportunity to the applicant to furnish his explanation. To expect a person to be aware of law, which itself is a jungle would be highly inexpedient. There- fore, if the applicant failed to H c his objection on receipt of notice, the learned Presiding Officer should not have reached the conclusion that the applicant had no defence to state before the court. The order, therefore, has resulted in gross miscarriage of justice. 5. In view of above discussion, the corder dated June 27, 1985 is set aside with a direction that the applicant will appear before the Additional Sessions Judge, Faizabad Sri K.C. Agarwal November 24 1985 with the certified cops of this order which shall be made available to hire by November 5, 1985 and the learned Court below will restore the Criminal Misc. Case No. 7 of 1984 to its original number and after hearing the applicant, pass such order as deems necessary in accordance with law.
Case No. 7 of 1984 to its original number and after hearing the applicant, pass such order as deems necessary in accordance with law. The appeal is accordingly allowed.