Balraj Tuli and Another vs State of Punjab and Another

Daya Chaudhary, J.

Crl. Misc. No. 7479 of 2011

Application is allowed as prayed for.

Crl. Misc. No. M-4050 of 2011

The present petition u/s 482 Code of Criminal Procedure has been filed by Balraj Tuli and Shakuntla Devi for setting aside order dated 18.1.2011 passed by JMIC, Ludhiana, vide which, personal bonds and surety bonds of the Petitioners have been cancelled and forfeited to the State.

Learned Counsel for the Petitioners contends that on 18.1.2011, an application for exemption from personal appearance was moved on behalf of the Petitioners as Petitioner No. 1 was suffering from Dysentry & Dehydration and was under the treatment of Government Hospital at Ghazibad and Petitioner No. 2 was suffering from Dm with HT with OA spine/knees with UTI with viral fever and therefore both of them could not appear on the date fixed before the trial Court. As the application was filed late, bail bonds and surety bonds of the Petitioners were cancelled and forfeited to the State vide order dated 18.1.2011. Learned Counsel for the Petitioners further submits that lapse was on the part of counsel appearing before the trial court and moreover, Petitioner No. 2 is 78 years of age and normally remains unwell. Learned Counsel also contends that the intention of the Petitioners was not to avoid the Court proceedings or to remain absent willfully. It is also the contention of learned Counsel that the Petitioners are ready to surrender before the trial Court

In view of the submissions made by learned Counsel for the Petitioners and the fact that Petitioner No. 2 is an old lady of 78 years of age and as per certificates annexed as Annexures P-7 and P-8 with the petition, Petitioners were not well and this is also clear from the impugned order that though an application for exemption from personal appearance was moved by the counsel appearing before the trial Court but the same was presented at 2.20 pm, the bail bonds and surety bonds were cancelled and forfeited to the State and also the fact that the reasons for remaining absent from Court proceedings were beyond their control, order dated 18.1.2011 is set aside. The Petitioners are directed to appear before the trial Court on 17.3.2010, the date fixed and furnish bail bonds and surety bonds to the satisfaction of trial Court. The Petitioners are also directed to pay Rs. 5,000/- each as costs to be deposited with State Legal Services Authority, Punjab.

The trial Court is also directed to consider the application moved by Petitioner No. 2 for exemption from personal appearance and pass necessary orders in accordance with law.