Kesar Devi vs State Of Rajasthan

Rajendra Prakash Soni, J

The instant criminal appeal has been filed against the order dated 08.02.2023 passed by learned Additional Sessions Judge, (Family Court) Rajsamand in Criminal Misc. Case No. 07/2023 whereby, the surety bond furnished by the appellant-surety for the appearance of the accused Heera Lal were forfeited by the court below and warrant of recovery has been issued against the appellant.

Mr. Kalu Ram Gadari, husband of the appellant Kesar Devi is present in person. He submits that accused-Heera Lal is his son and he could not appear on the date fixed by the trial court i.e. on 21.01.2023 on account of his illness. Prior to that, he was continuously appearing before the trial court. After issuing warrant of arrest against him, accused-Heera Lal has already surrendered before the learned trial court on 31.01.2023. He further submits that the appellant is a female rustic villager and is suffering from old age ailments. She is a poor person and not in a position to deposit such a huge amount of surety bond to the tune of Rs. 25,000/-. Although accused himself has surrendered before the learned trial court just after a month yet, the trial court is adamant to recover the amount of surety bond from the appellant and has issued a warrant of recovery which is, according to Mr. Gadari, is highly illegal and contrary to law. Thus, he prays that the amount of recovery may be reduced.

Learned Public Prosecutor has opposed the contention raised on behalf of the appellant.

A bare perusal of the record reveals that in the present case, accused remain absent only on one date of hearing i.e. 21.01.2023 and, thereafter, the accused himself has surrendered before the trial court just after a month.

In view of the facts and circumstances of the present case, it is considered expedient that interest of justice would meet in partly allowing the appeal while maintaining the order of forfeiture of the surety bond but reducing the amount to be recovered from Rs. 25,000/- to Rs. 5,000/-. Therefore, it is ordered that in case the appellant deposits Rs. 5,000/- in the trial court within a period of one month from today, the proceedings under Section 446 of Cr.P.C. initiated against her may be dropped.

With the aforesaid observations, the present criminal appeal stands disposed of accordingly.