Research › Search › Judgment

Rajasthan High Court · body

2014 DIGILAW 1486 (RAJ)

Nand Ram v. State of Rajasthan

2014-08-22

SANDEEP MEHTA

body2014
JUDGMENT 1. - The instant Misc. Petition has been filed on behalf of the petitioner Nand Ram. 2. One Prabhu Lal had been convicted by the learned Special Judge, SC/ST Act Cases Bhilwara in Sessions Case No. 66/2010 by the judgment dated 9.9.2011. The sentences awarded to Prabhulal were suspended by this Court vide order dated 14.10.2011. The petitioner stood surety for the appellant Prabhu Lal. While suspending the sentences awarded to Prabhu Lal, he was directed to remain present before this Court on 13.12.2011. Prabhu Lal failed to turn up before this Court on 13.12.2011. Accordingly, this Court vide order dated 26.3.2012 forfeited the bail bonds and surety bonds. The petitioner as well as the other surety Mr. Chhitar were issued notice to appear and face proceedings under Section 446 Cr.P.C. No reply was filed on behalf of the petitioner. Ultimately the matter was sent to the Trial Court to recover the amount of surety bonds. On 8.5.2014 this Court directed that the Trial Court may enforce the proceedings of recovery against the surety by using coercive methods like sending the person to civil jail. 3. One of the sureties Mr. Chhitar has deposited the amount of the surety bond. The petitioner failed to deposit the amount of his surety bond, on which he has been taken in custody on 6.8.2014. 4. Smt. Lilawati wife of petitioner appears on his behalf and submits that the petitioner is a poor man and is unable to deposit the amount of surety bond. It is submitted that immediately after the suspension of sentence of the accused Prabhu Lal, he was arrested in another criminal case and is in continuous custody since 19.11.2012. She submits that the petitioner shall deposit the amount of Rs. 15,000/- against the forfeiture of the surety bond in a period of six months. 5. Heard the petitioner's wife and the learned A.P.P. Perused the material on record. 6. This Court on the previous date of hearing, sought a report from the District Judge, Judge, Bhilwara regarding the custody period of Prabhu Lal. A report has been received from the Supdt. Central Jail, Ajmer, as per which Prabhu Lal was lodged in District Jail, Bhilwara in Case No. 17/2012 pending in the Court of Special Judge, SC/ST (Prevention of Atrocities) Act, Bhilwara on 19.1.2012 and since then he is in continuous custody. 7. A report has been received from the Supdt. Central Jail, Ajmer, as per which Prabhu Lal was lodged in District Jail, Bhilwara in Case No. 17/2012 pending in the Court of Special Judge, SC/ST (Prevention of Atrocities) Act, Bhilwara on 19.1.2012 and since then he is in continuous custody. 7. Heard and considered the facts and circumstances of the case. The petitioner has been taken in custody because being poor, he could not deposit the amount of the surety bond. Shortly after the date fixed for Prabhu Lal's appearance before this Court, he was arrested in relation to another criminal case registered against him. Having regard to the facts and circumstances of the case, the petitioner deserves to be granted six months time to deposit the amount of his forfeited surety bond and in the interim he deserves to be released on bail. 8. Accordingly, it is hereby directed; that the petitioner who has been taken in custody under the order dated 6.8.2014 passed by the learned Special Judge, SC/ST Act Cases, Bhilwara shall be released on bail provided he furnishes a personal bond in the sum of Rs. 30,000/- and a surety bond in the like amount to the satisfaction of the learned Special Judge, SC/ST Act Cases, Bhilwara. He shall also undertake that he shall deposit the amount of surety bond i.e. Rs. 15,000/- in the Trial Court within a period of six months from the date of his release. In case the amount is deposited, the petitioner's bail and surety bond shall stand discharged. In case the petitioner fails to deposit the amount with the Trial Court in the aforesaid period of six months, the Trial Court shall be at liberty to take appropriate steps to recover the amount.The Misc. Petition stands disposed of.Petition disposed of. *******