Research › Search › Judgment

Rajasthan High Court · body

2004 DIGILAW 945 (RAJ)

Mohd. Habib Bhati S/o Shri Jafar Bhati v. The State of Rajasthan

2004-07-07

H.R.PANWAR

body2004
JUDGMENT 1. - Issue notice to the respondent-State for final disposal of this Misc. Petition. 2. Ms. Vidhyawati Boda, learned Public Prosecutor accepts notice on behalf of the State. 3. With the consent of the learned counsel for the parties the petition is finally heard. 4. The petitioners stood surety to accused-Arun Chhipa, who failed to appear before the trial Court on the date fixed by the trial Court and, therefore, the bail bonds of the accused as well as the surety bonds were forfeited. The petitioners stood surety in the sum of Rs. 5,000/-. The proceeding u/s. 446 Cr.P.C. was initiated against the petitioners. The petitioners engaged Shri Shrawan Kumar, Advocate, who sought time to file reply to the proceeding u/s. 446 Cr.P.C. From the order-sheet of the trial Court dated 15.11.2003, it appears that the trial Court, without assigning any reason, did not afford any opportunity to the petitioners to file reply to the proceeding u/s. 446 Cr.P.C. and straightway forfeited the surety bonds. There appears to be no reason why a reasonable opportunity should not have been given to the petitioners for filing reply to the proceeding initiated u/s. 446 Cr.P.C. 5. In the circumstances; this Cr.Misc. Petition is allowed. Order impugned. dated 15.11.2003 is set aside. The matter is remanded back to the trial Court to be decide it afresh after affording a reasonable opportunity to the petitioners to file reply to the proceedings initiated u/s. 446 Cr.P.C. The petitioners shall file reply to the proceedings u/s. 446 Cr.P.C. within one month from today.Petition allowed. *******