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Madhya Pradesh High Court · body

2011 DIGILAW 46 (MP)

Veer Singh v. State of M. P.

2011-01-11

G.S.SOLANKI

body2011
JUDGMENT : G.S. Solanki,J. Being aggrieved by the order dated 17.02.99, passed by Additional Session Judge, Begamgunj, Distt. Raisen, whereby bond amount of Rs. 96,000/- was forfeited and in default of payment of penalty, appellant be served civil imprisonment for the period of 4 months, therefore the appellant filed this appeal under Section 449 of the Cr.P.C. 2. Facts of the case in short is that appellant executed a surety bond of Rs. 12,000/- for each accused namely Rakesh, Bhura, Rajkumar, Ramsingh, Poonamchand, Balram, Indal Singh and Ramnarayan in S.T. No. 40/97. 3. The aforementioned accused persons were remained absent before learned Additional Session Judge, Begumganj, Distt. Raisen and show cause notice under Section 446 of the Cr.P.C. was issued to the appellant as to the effect that why the surety bond be not forfeited. 4. Since appellant remained failed to produced the accused persons and as his reply found unreliable therefore, learned Trial Court forfeited the bond and ordered to deposit the penalty of Rs. 12,000/- for each accused, total sum of Rs. 96,000/- and on failing to deposit the penalty amount appellant be sent in civil imprisonment for the period of 4 months. The appellant was failed to deposit the aforesaid amount and he was sent to civil jail on 13.02.2000. He was released on 12.6.2000. Hence, this appeal. 5. Learned counsel for the appellant submitted that since appellant already suffered the civil sentence of 4 months and he is a poor farmer, and still he is unable to deposit the whole penalty amount of Rs. 96,000/-. He further submitted that trial Court failed to exercise his jurisdiction under Section 446(3) of Cr.P.C. for remission of penalty amount, therefore prays for remission of penalty amount. Otherwise his agricultural land will be auctioned in recovery of penalty amount.. 6. Learned counsel for the State formally objected the contention raised by the learned counsel for the appellant. 7. On due consideration of contention raised by learned counsel for the appellant along with the fact that appellant already served 4 months civil imprisonment in default of payment of penalty amount. Appellant is poor farmer and trial Court failed to exercise his jurisdiction vested in him under Section 446(3) of Cr.P.C., I am of the considered view that end of justice would be met out, if the bond amount of Rs. 2,000/- each, in total Rs. Appellant is poor farmer and trial Court failed to exercise his jurisdiction vested in him under Section 446(3) of Cr.P.C., I am of the considered view that end of justice would be met out, if the bond amount of Rs. 2,000/- each, in total Rs. 16,000/- be forfeited and remaining amount be remitted. 8. This appeal is partly allowed. The order passed by ASJ Begamgunj, Distt. Raisen is modified in following way :- "appellant is directed to deposit the penalty amount of Rs. 16,000/- within 1 month from today. If any amount more than 16,000/- has been deposited or recovered be refunded to the appellant." 9. Copy of this order be forwarded to trial Court immediately for compliance and necessary action.