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Onkar and anr. Vs. State of Rajasthan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberS.B. Criminal Appeal No. 314 of 1983
Judge
Reported in1983WLN(UC)577
AppellantOnkar and anr.
RespondentState of Rajasthan
Excerpt:
.....my opinion, it would not be improper to grant a further remission. the accused-appellants failed to put appearance only on one occasion. he had thereafter regularly put his appearance.;appeal partly allowed - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it..........his furnishing a personal bound in the amount of rs 2,000/- and a surety in the like amount. the bail-bonds was submitted before by him, the surety bond was executed by appellant janyaram. he was to put appearance on 14-41982 before the learned session judge, but he failed to do so. his bail-bonds, were consequently forfeited and notices were also issued to the appellants to show cause as to why the full amount of the bonds be not recovered from them. both the appellants put appearance and submitted that accused onkar became suddenly ill on 14-4-82 and as such, he could not put. his appearance. however, the appellants adduced no evidence. taking all the factors into consideration, the learned judge directed the appellants to pay rs. 1000/- under their each bond. aggrieved against the.....
Judgment:

S.S. Vyas, J.

1. This is an appeal against the order of the ld.Sessions Judge, Balotra dated August 8, 1983 passed in a proceeding under Section 446, Cr. PC. By the said order, the learned Session Judge directed the appellants to deposit a sum of Rs. 1000/- each under their bonds and remitted the remaining portion.

2. Appellant Onkar was convicted in some criminal case and he preferred an appeal in the court of the learned Sessions Judge, Balotra. His sentence was suspended and he was enlarged on bail on his furnishing a personal bound in the amount of Rs 2,000/- and a surety in the like amount. The bail-bonds was submitted before by him, The surety bond was executed by appellant Janyaram. He was to put appearance on 14-41982 before the learned Session Judge, but he failed to do so. His bail-bonds, were consequently forfeited and notices were also issued to the appellants to show cause as to why the full amount of the bonds be not recovered from them. Both the appellants put appearance and submitted that accused Onkar became suddenly ill on 14-4-82 and as such, he could not put. his appearance. However, the appellants adduced no evidence. Taking all the factors into consideration, the learned Judge directed the appellants to pay Rs. 1000/- under their each bond. Aggrieved against the said order, the appellants have come to this Court.

3. I have heard the learned Counsel for the appellants and the Public Prosecutor. I have also examined the impugned order.

4. The only submission made by the learned counsel for the appellants Onkar Is that appellant failed to put appearance only on one occasion. As such, a lenient view should be taken. I have taken the respective contentions into consideration. In my opinion, it would not be improper to grant a further remission. The accused-appellants failed to put appearance only on one occasion. He had thereafter regularly put his appearance.

5. In the result, the appeal is partly allowed. A sum of Rs. 250/-will be recovered from each of the appellants under their bonds. The remaining amount of Rs. 1, 750/- under each bond of the appellants shall stand remitted.


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