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2006 DIGILAW 343 (RAJ)

Ashok Kumar v. State of Rajasthan

2006-02-02

VINEET KOTHARI

body2006
Judgment Dr. Vineet Kothari, J.-This revision petition is directed against the Judgment dated 011.1999 passed by the learned Special Judge, Special Court Mansingh Hatyakand/Sampradayik Dange, Jaipur in Criminal Case No. 26/1999 whereby the bail bonds for the appearance of the accused petitioners in the Court and a surety of Petitioner No. 2 herein were forfeited by the Courts below and a penalty of Rs. 7,500/-on each has been imposed and after remitting a sum of Rs. 2,500/-each, both the petitioners were directed to deposit the balance amount each. 2. The recovery of the said amount forfeited by the trial Court was stayed by this Court vide order dated 211.1999. 3. Learned Counsel for the petitioners submits that there was a genuine reason for non-appearance of the accused petitioners on the date fixed by the trial Court on 30.04.1999 as the accused petitioners could not appear on the date fixed on account of illness, however, dis-believing this version, the Courts-below forfeited the bonds and directed to pay a sum of Rs. 5,000/-each, learned Counsel for the petitioners placed reliance on the Judgment rendered in the case of Shyam Sunder Sharma vs. State, 2005 (4) WLC 788 (Raj.) wherein this Court in a criminal appeal filed under Sections 499 and 446 CrPC against the impugned Judgment reduced the amount of forfeiture of bonds from Rs. 25,000/- to Rs. 2,000/- each. 4. In the present case also the learned Counsel for the petitioners submits that the accused petitioners are said to have been remained absent only on one date of hearing i.e., 30.04.1999 and, therefore, relying upon the Judgment of Shyam Sunder Sharma vs. State (Supra), he submits that amount of penalty deserves to be reduced. 5. In view of the facts and circumstances of the present case, it is considered expedient that the interest of justice would be met if the amount of forfeiture of bail bonds is reduced to 50% imposed by the Courts-below. Thus, after a further reduction of Rs. 2,500/-for each, both the petitioners are directed to deposit a sum of Rs. 2,500/-each before the trial Court within a period of two months from today. 6. With the aforesaid observations, the criminal misc. petition is disposed of.