JUDGEMENT
-
(1.) By the instant criminal miscellaneous petition under
Section 482 of the Code of Criminal Procedure, 1973 (for short,
the Code hereinafter), the petitioners seek extension of time to
file personal bond and the surety bonds and also to pay the
amount of compensation as directed by this Court vide judgment
and order dated 19-11-2003 passed in S.B. Criminal Appeal No.
424/1987, which was further extended by this Court vide order
dated 22-3-2006 in S.B. Criminal Misc. Petition No. 1299/2005
on the ground that the petitioners are in jail and the compliance
order which was sent to the Superintendent, Central Jail, Sri
Ganganagar dated 22-3-2006 did not specify that in what terms
the personal bond and the surety bonds were to be furnished
and what was the amount of compensation to be deposited by
the petitioners.
(2.) Learned counsel for the petitioners submits that
though the appeal filed by the petitioners came to be decided by
this Court vide judgment and order dated 19-11-2003, but the
counsel representing the petitioners neither informed them about
the fate of the case, nor obtained the certified copy of the
judgment and order, nor made the same available to the
petitioners and, therefore, the petitioners could not know as to
what extent the amount of compensation was to be deposited
and in what terms the personal bond and surety bonds are to be
filed.
(3.) By the order dated 22-3-2006, this Court directed
that the petitioners may now furnish the personal bond and
surety bonds and deposit the amount of compensation as
directed by this Court vide judgment and order dated 19-11-
2003 passed in S.B. Criminal Appeal No. 424/1987 within fifteen
days and in case the required bonds are not furnished and the
amount of compensation is not deposited within fifteen days'
time so granted, the trial Court will be free to proceed against
the petitioners in accordance with law. The petitioners could not
know about the order dated 22-3-2006 as the counsel appearing
for them in the matter also did not inform the petitioners about
the order and when the petitioners came to know about the
order dated 22-3-2006, by that time the period of fifteen days
extended by this Court already came to an end and thereafter
the petitioners filed personal bonds and surety bonds and were
also prepared to deposit the amount of compensation, but the
trial Court, vide impugned order dated 13-4-2006, refused to
verify the personal bonds and the surety bonds and also refused
to accept the amount of compensation.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.