Delhi District Court
Criminal Revision No. 154/07 1 Om ... vs State on 20 October, 2007
Criminal Revision No. 154/07 1 Om Prakash Vs State
IN THE COURT OF SH. VINOD KUMAR
ADDITIONAL SESSIONS JUDGE, NEW DELHI
Criminal Revision No.154 / 0 7
Om Prakas h
S /o Sh. Ram Chan d
R/o H. No. 903, Gali No. 19
Village Livas Pur
New Delhi - 110042. .....Revisionist
Versu s
The State
The State (N. C. T.) of Delhi) .....Responde n t
ORDER
1. This is a revision petition directed against the order dated 21.9.2007 and 10.10.20 0 7 passed by the Trial Court.
2. Briefly stated the facts giving rise to the present case are that on 21.8.2007 one accuse d Naresh moved an application for trial in case FIR No. 202 / 0 7 , PS Inderp u ri under Section 406 / 4 9 8A IPC. During the argume n t s on the said application, the parties to the litigation stated that they were interested in settling the matter. Therefore with a view to facilitate the accused to reach a settleme n t with complaina n t , accused was admitted to interim bail on furnishi ng person al bond in the sum of Rs.20,00 0 / with one surety in the like amo u n t and the accused was directed to appear before mediation Criminal Revision No. 154/07 2 Om Prakash Vs State center at Tius Hazari. Presen t revision is t stood surety for the said accus ed.
3. The order sheet dated 21.9.2007 reflects that accused did not appear in the mediation cell. Nor the accused appeared before Ld. Metropolita n Magistrate on the date fixed. Accordingly non bailable warra nt s were issued against the accused and notice under Section 446 CrPC to his surety i.e. revisionist for 25.10.200 7.
4. On 10.10.200 7 accuse d was produced by HC Balwan Singh in execution of non bailable warran t s in the court. The presen t revisionist / s u r e t y also appeared and moved an application for withdraw al of the surety. The revisionist filed an application for recalling proceedings under Section 446 CrPC. on the ground that since accus ed had been arrested, there is no need to contin u e proceedings under Section 446 CrPC.
5. Ld. Metropolitan Magistrate in his impugned order dated 10.10.200 7 held that no ground has been given in the application by the surety for not appearing on 21.9.200 7 and not producing the accu sed. Accordingly surety was directed to deposit the penalty amo u n t.
6. The revisionist has assailed the order of the trial court on the Criminal Revision No. 154/07 3 Om Prakash Vs State ground that no notice under Section 446 CrPC was received by him and therefore he did not get proper opport u nity to file the reply.
7. I have considered all facts and circum s t a n ce s of the case. Although there is nothing on the trial court record to show that notice under Section 446 CrPC has actu ally been received by accused. However revisionist does not explain as to how he came along with the accu sed on 10.10.200 7. In fact he even moved an application for withdraw al of notice under Section 446 CrPC. In this application he has offered no reason as to why he could not produce accused before the trial court.
8. Therefore Ld. Metropolitan Magistrate was perfectly justified in imposing the penalty.
9. In the present case the bail was granted to the accused to facilitate him to appear in mediation cell. The duty of surety was to prod uce the accused in mediation cell as well as to produce him before the court on date fixed. However at the same time I find that neither accu sed had absconde d nor the surety had absconde d. The conduct of surety appearing in the court along with the accuse d is a factor which convinces me that while imposting the penalty a lenient view should have been taken by Ld. Metropolitan Magistrate.
10. Considering all facts and circum s t a n c e s, I order that the Criminal Revision No. 154/07 4 Om Prakash Vs State penalty in the sum of Rs.18,00 0 / be remitted and the revisionist / s u r e t y be enforced to make payme nt of Rs.2000 / only.
11. The revision petition is disposed of accordingly. Copy of order along with the trial court record be retur ned to the trial court. Revision file be consigned to record room.
Annou n ced in the open court on 20.10.200 7.
(VINOD KUMAR) Additional Sessions Judge Patiala House Courts New Delhi