Phulwa vs State of U.P.

P. N. Harkauli, J.—This application for revision is directed against the order passed by the learned Second Temporary Civil & Sessions Judge Banda directing that a sum of Rs.l,000| shall be realised from the applicant and the remaining amount of Rs. 500/ out of the personal bond executed by the applicant for his appearance shall be remitted.

The judgment of the learned Sessions Judge shows that the applicant had to appear before the court on 2573 that he failed to appear on that date because he was arrested by the police in some other matter, and that as soon as he was released he appeared before the Court on 3573, that is to say the very next day of the day of the date on which he was required by the terms of the bond to appear before the Court. In view of the above findings of the learned Sessions Judge himself, I fail to see any justification for realising any penalty much less such a heavy amount as Rs. 1000/. If the applicant''s failure to attend on the date fixed was due to reasons totally beyond his control and the applicant hastened to appear before the Court as soon as he was released by the police the very next day it is clear that he was not at all at fault and, therefore, it was a wholly improper exercise of the discretion to order the realisation of a sum of Rs. 1.000/. In the circumstances of this case I am of the opinion that the whole amount should have been remitted.

Accordingly the revision application is allowed and the order passed by the learned Sessions Judge directing the realisation of Rs.1000/as penalty of the bond executed by the applicant is set aside. Ff the penalty has already been realised from the applicant the same shall be refunded to him.

Revision allowed.