Law:

Section:

Keywords: Discharge, Certificate, Petition, Surety, Orders, Procedure, Appearance, Parties, Impugned Order, Illegal, Trial Court, Division, Order, Abscondence, Magistrate, Penalty, Grounds, Failure, Forfeiture, Recording, Imposition, Show-Cause Notice, Notice, Consideration, Sub-Division Result: Reference accepted JUDGMENT This is a reference made by the Ist Additional Sessions Judge, Hyder abad, recommending that the order dated 6-5-1970 passed by the Assistant Commissioner, Saddar, Sub-Division, Hyderabad as well as order dated 18-5-1970 passed by the Additional District Magistrate, Hyderabad, may be quashed. 2. The facts, forming the background of this reference are that the applicant stood surety in a sum of Rs. 10,000 for the appearance of one Masood Noorani against whom a case under section 107, Cr. P. C, was pending trial in the Court of Assistant Commissioner, Saddar, Sub-Division, Hyderabad. Masood Noorani failed to attend the trial Court on 28-3-1970, hence a show-cause notice was issued to the applicant calling upon him to explain as to why the amount in bent bond submitted by him should not be forfeited. This notice was replied on 6-5-1970 but the learned Assistant Commissioner did not feel satisfied with his explanation and imposed a penalty of Rs. 10,000 being equivalent to the entire amount of surety. It was against the imposition of this penalty that the applicant filed an appeal to the Additional Deputy Commissioner and A. D. M., Hyderabad, under section 515, Cr. P. C. Who rejected the same and upheld the orders of the trial Court. The applicant next moved the Ist Additional Sessions Judge, Hyderabad who has made the present reference. 3. The learned Sessions Judge, Hyderabad has made this recommenda petition on the appreciation of fact that the Medical Certificate produced in respect of Masood Noorani's absence on 28-3-1970 was not taken into consideration; no enquiry was made to ascertain as to whether the absence of Masood Noorani on 28-3-1970 was due to circumstance beyond his control or he had actually absconded, and that there appeared to be an interpolation so as to make the bail bonds which were in fact executed for a sum of Rs. 1,000…

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