S. M. JAIN, J. - (1.) THIS revision is directed against the order dated October 5, 1981, of the Additional District & Sessions Judge, Raisinghnagar, who reduced the amount of forfeiture of the surety bond from Rs. 4,000/- to Rs. 2,500/ -.
(2.) THE petitioner was a surety for Jeet Singh accused in Criminal case pending in the Court of Judicial Magistrate, Raisinghnagar. THE petitioner had executed the surety-bond on Sept. 30, 1972, in the amount of Rs. 4,000/ -. for the presence of Jeet Singh. Accused Jeet Singh, however, failed to appear in the Court on May 4, 1974, and, the learned Magistrate by the order dated Sept. 23, 1981, forfeited the entire amount. An appeal was filed before the Additional District & Sessions Judge, Raisinghnagar, who by the order dated October 5, 1981, reduced the amount of forfeiture from Rs. 4,000/- to Rs. 2,500/-, Aggrieved by this petitioner has filed the present revision petition in this Court. Learned counsel for the petitioner has submitted that all the accused. who were being tried in the criminal case by the learned Judicial Magistrate were subsequently acquitted. Accused Jeet Singh, subsequently, appeared in the Court but later on expired during the trial. The petitioner is a 'harijan'. In these circumstances, the forfeiture of the amount to the tune of Rs. 2,500/- would be excessive. He prays that this amount should be reduced. There is no dispute that Jeet Singh, subsequently appeared in the Court and later on died during the trial. These facts were not controverted before the Appellate Court. It is not the case of the prosecution that Jeet Singh absented himself on any date except May 4, 1974. The matter is 14 years old. The surety was executed in 1972 and the forfeiture was ordered for Jeet Singh's absence on May 4, 1974. The ends of justice will be fully met if the amount of forfeiture is reduced to a sum of Rs. 300/ -. Accordingly, the revision petition is partly allowed and the amount of forfeiture is reduced to 300/- (Rupees three hundred only ). Counsel for the petitioner prays for two month's time to deposit the amount. Two months time is allowed, as prayed. .;