Madhya Pradesh High CourtPreetam Singh vs The State Of Madhya Pradesh on 11 January, 2011Author:G.S. SolankiBench:G.S. Solanki1

              HIGH COURT OF MADHYA PRADESH
                PRINCIPAL SEAT AT JABALPUR
                 Criminal Appeal No. 723/1999

               Preetam Singh, S/o Shivnarayan, R/o village
               Medki, Tahsil and Distt. Raisen (M.P.)
                                                    Appellant
                              Versus

                The State of Madhya Pradesh
                                                            Respondent

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For the Appellant:          Shri Ashok Chakravarty, Advocate .

For the State :             Shri R.S. Shukla, Learned Panel
                            Lawyer.
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PRESENT :

               HON'BLE SHRI JUSTICE G.S. Solanki

                                        Date of hearing: 11/01/2011
                                     Date of Judgment: 11/01/2011

                            JUDGMENTAs per G.S. Solanki,J.:Being aggrieved by the order dated 17.02.99, passed by

Additional Session Judge, Begamgunj, Distt. Raisen, whereby

bond amount of Rs. 96,000/- was forfeited and in default of

payment of penalty, appellant be served civil imprisonment for

the period of 4 months, therefore the appellant filed this appeal

under Section 449 of the Cr.P.C.2.     Facts of the case in short is that appellant executed a

surety bond of Rs. 12,000/- for each accused namely Rakesh,

Bhura, Rajkumar, Ramsingh, Poonamchand, Balram, Indal

Singh and Ramnarayan in S.T. No. 40/97.3.     The aforementioned accused persons were remained2absent before learned Additional Session Judge, Begumganj,

Distt. Raisen and show cause notice underSection 446of the

Cr.P.C. was issued to the appellant as to the effect that why

the surety bond be not forfeited.4.    Since appellant remained failed to produced the

accused persons and as his reply found unreliable therefore,

learned Trial Court forfeited the bond and ordered to deposit

the penalty of Rs. 12,000/- for each accused, total sum of Rs.

96,000/- and on failing to deposit the penalty amount appellant

be sent in civil imprisonment for the period of 4 months. The

appellant was failed to deposit the aforesaid amount and he

was sent to civil jail on 13.02.2000. He was released on

12.6.2000. Hence, this appeal.5.    Learned counsel for the appellant submitted that since

appellant already suffered the civil sentence of 4 months and

he is a poor farmer, and still he is unable to deposit the whole

penalty amount of Rs. 96,000/-. He further submitted that trial

Court failed to exercise his jurisdiction underSection 446(3)of

Cr.P.C. for remission of penalty amount, therefore prays for

remission of penalty amount. Otherwise his agricultural land

will be auctioned in recovery of penalty amount..6.    Learned counsel for the State formally objected the

contention raised by the learned counsel for the appellant.7.    On due consideration of contention raised by learned

counsel for the appellant along with the fact that appellant3already served 4 months civil imprisonment in default of

payment of penalty amount. Appellant is poor farmer and trial

Court failed to exercise his jurisdiction vested in him underSection 446(3)of Cr.P.C., I am of the considered view that

end of justice would be met out, if the bond amount of Rs.

2,000/- each, in total Rs. 16,000/- be forfeited and remaining

amount be remitted.8.    This appeal is partly allowed. The order passed by ASJ

Begamgunj, Distt. Raisen is modified in following way :-" appellant is directed to deposit the penalty amount of

Rs. 16,000/- within 1 month from today. If any amount more

than 16,000/- has been deposited or recovered be refunded to

the appellant."9.    Copy of this order be forwarded to trial Court

immediately for compliance and necessary action.(G.S. Solanki)
                                                       JUDGE
                                                   11/01/2011


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