Sardar Khan vs State of Rajasthan

Milap Chandra, J.—This is an appeal u/s 449 Cr. P.C., 1973 against the order of the learned Sessions Judge, Jodhpur dated April 14, 1980, directing recovery of the entire amount of the surety bond i.e. Rs. 3000/-.

Learned counsel for the appellant has contended that the amount of penalty be remitted u/s 446(3), Cr. P.C. 1973 to the minimum extent possible, as the accused Abdul Salim absented himself on 19-9-1979 due to Malaria fever and he duly put his appearance before the court on the next subsequent date.

In reply, the learned Public Prosecutor has contended that in Cr. Revision No. 404/81 Balia and Anr. v. State of Rajasthan, this Court has reduced the amount of penalty from Rs. 5,000/- to Rs. 1,000/- today, and the same ratio be observed here.

It is not in dispute that the accused failed to appear only on September 12, 1979 and he duly appeared before the Sessions Judge, Jodhpur, on the next date of hearing, i.e. October 1.1, 1979. In the facts and circumstances of the case, the amount of penalty is reduced from Rs. 3,000/- to Rs. 500/-.

Consequently, the appeal is partly allowed. The amount of penalty is reduced from Rs. 3,000/- to Rs. 500/-.