Gopal Singh vs State of M.P. and Another

B.D. Rathi, J.—Heard on the question of admission. Petitioner has filed this petition u/s 482 of The Code of Criminal Procedure (for short the Code) against the order dated 22.05.2013, passed by the Court below, whereby the surety bond of Rs. 50,000/- has been forfeited and directed to deposit the same, hence this petition.

The brief facts of the case is that the petitioner was the surety of the accused Sonu in Sessions Trial No. 206/2009 pending in the Sessions Court, Gwalior. In that case, by order dated 13.11.2009 MJC No. 42/2009 had been registered due to non appearance of accused Sonu. When notice was served on 16.09.2010 petitioner (surety) appeared before the Sessions Court in MJC No. 42/2009 and he had been continuously appeared since 16.09.2010 to 30.04.2013 for a long period of 2 1/2 years. 34 times, Dates were fixed for calling the record and 5 times case was adjourned for arguments as prayed by the petitioner and as such the case had been continuously adjourned by the trial Court. Thereafter when on 14.05.2013 for the first time when petitioner did not appear before the Court case was proceeded ex-parte and on 22.05.2013 petitioner''s bail bond of Rs. 50,000/- was forfeited and directed to deposit Rs. 50,000/- as penalty imposed u/s 446 of the Code. Thereafter, recovery proceedings were started and a recovery warrant was issued and as per the report of the Recovery Officer, Tahildar dated 20.09.2013 one Motorcycle Hero Honda bearing No. M.P.-07-MM 3006 and one cycle alongwith eight bighas of agricultural land was seized and further proceedings for confiscation are being continued.

On 30.09.2013 for remission an application u/s 446 of the Code was filed before the Sessions Court but that application was not decided and further date 19.11.2013 was fixed. Because the recovery proceedings are going on against the petitioner, this petition has been preferred.

It is submitted by the learned counsel for the petitioner that the amount of penalty may be remitted and reduced upto the extent of Rs. 10,000/- and proceedings against the petitioner should be dropped in the interest of justice.

Learned Public Prosecutor opposed the prayer.

Having regard to the arguments advanced by the learned counsel for the parties, record has been perused.

From the perusal of the order dated 22.05.2013, it is clear that accused Sonu had been arrested on 10.09.2010. It is also clear from the record that the petitioner had been continuously appeared for a long period of 2 1/2 years before the Court, in MJC No. 42/2009 and the case was continuously, simply adjourned for calling record.

In the aforesaid circumstances, petitioner who is poor agriculturist, has already been punished by calling him to attend the proceedings before the trial Court and his matter had not been decided for a long period of 2-1/2 years without assigning any reason. It is also pertinent to mention here that the accused Sonu, for the regular appearance of whom surety bond was executed by the petitioner, had also been arrested.

In the aforesaid premises, the petition is allowed. All the recovery proceedings pending against the petitioner in regard to order dated 22.05.2013, passed in MJC No. 42/2009, pending in the Court of Tahsildar, Gwalior in case No. 89/12-13/v-76 are hereby dropped and seized articles and agricultural land of the petitioner are also released, on the condition that the petitioner shall deposit an amount of Rs. 5,000/-(Rupees Five Thousand only) on or before 30.11.2013 in the trial Court and in violation thereof Recovery Officer, shall be free to recover the entire amount as directed by Sessions Court in its order dated 22-05-2013.

Accordingly, the petition is allowed. Copy of the order be sent to the trial Court.