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Judgment
B.V. Pinto, J.—Heard learned Counsel for Appellant and Sri. Vijay Kumar Majage, teamed HCGP.
It is seen that the trial Court has forfeited bond of Rs. 30,000/- and warrant is issued against the accused and the Appellant who is surety to accused in S.C. No. 218/2009 pending before the Prl. District & Sessions Judge, Mysore.
It is seen that the accused and Appellant had executed a bond for Rs. 30,000/- and accused remained absent before the Court.
On 27.9.2010 accused was absent and exemption petition was fifed and the same was allowed. On. 5.10.2010 and 20.10.2010 accused remained absent. On 30.10.2010 accused was still absent before the Court and surety bond of accused was forfeited. It is further seen from the order sheet that accused has surrendered before the Court on 8.12.2010 and accused has been remanded to custody. His application for bail has been rejected, Under the circumstances, the amount of forfeited bond of Rs. 30,000/- is on the higher side. Hence, I am of the view that a sum of Rs. 500/-would be just and proper penalty to be imposed on the surety since the accused remained absent only twice and the accused surrendered immediately on the surety coming to know of the same.
In view of the above, this appeal is allowed subject to Appellant depositing penalty of a sum of Rs. 500/- before the Trial Court. The Destraint warrant issued for Rs. 30,000/- is hereby recalled.