Mayaram Rathore vs State of M.P.

Brij Kishore Dubey, J.—This Criminal Appeal u/s 449 of the Code of Criminal Procedure, 1973 (for short, the ''Code'') is preferred by the appellant herein/accused against the order dated 11.07.2013 passed by the Special Judge (Atrocities), Gwalior in Criminal MJC No. 5/13. The background facts of the case, in brief, are that the appellant herein had executed a personal bond in a sum of Rs. 10,000/- in Special Sessions Trial No. 165/2010. He failed to appear before the Trial Court on 16/09/2011 and, therefore, a non-bailable warrant was issued against him and subsequently on 27.02.2013, the appellant appeared before the Trial Court and filed an application for grant of bail. The Trial Court rejected the application, however, this Court vide order dated 07.05.2013 in M. Cr. C. No. 1903/2013 allowed the application u/s 439 of Cr.P.C. but the Trial Court was directed to initiate proceedings under the provisions of Section 446 of Cr.P.C., therefore, the Trial Court initiated proceedings against the appellant. After hearing both the parties, the amount of personal bond, i.e., Rs. 10,000/- was forfeited and the appellant was directed to deposit the same, hence, this appeal.

Shri D.S. Kushwah, learned counsel for the appellant submits that he does not want to press this appeal on merit and he confined his argument only to reduce the amount of recovery and to grant some time to deposit the amount on the ground that the appellant is poor person and has remained in custody for more than two months and in the Trial Court the alleged offence has been compounded by the complainant by filing compromise petition.

On the contrary, the learned Panel Lawyer supported the impugned order and prayed for dismissal of the appeal.

The accused/Mayaram Rathore did not appear before the Trial Court on 16/09/2011 and, therefore, non-bailable warrant of arrest was issued against him for securing his presence before the Trial Court, however, the aforesaid warrant has not been executed but the accused surrendered himself before the Trial Court on 27.02.2013 and he was taken into custody and sent to jail. The application filed by the appellant for granting bail was rejected by the Trial Court but this Court vide order dated 07.05.2013 passed in M. Cr. C. No. 1903/2013 allowed the application of the accused u/s 439 of the Cr.P.C.

Considering the facts and circumstances of the case, this Court feel that the ends of justice would be sub-served if only a sum of Rs. 5,000/- is recovered from the forfeited personal bond of Rs. 10,000/- and the remaining amount of Rs. 5,000/- is remitted.

In view of the aforesaid, the appeal is allowed in part. The recovery of forfeited personal bond from the appellant is reduced from Rs. 10,000/- to Rs. 5,000/- and the remaining amount of Rs. 5,000/- is remitted. The appellant is directed to deposit the aforesaid amount before the Court below within a period of one month from today failing which the Court below shall proceed in accordance with law. Certified copy as per rules.