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INDER RAJ v STATE - CRLA Case No. 540 of 2007  RD-RJ 3518 (23 July 2007)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B.CRIMINAL MISC. APPEAL NO. 540/2007
(Inderaj V/s State of Rajasthan)
Date of Order : 23/07/2007
HON'BLE MR. JUSTICE H.R.PANWAR
Mr. R.S.Gill for the petitioner.
Mr. V.R.Mehta, P.P.
BY THE COURT:-
Issue notice for final disposal. Public prosecutor accepts the notice for the State.
With the consent of learned counsel for the parties, the matter is finally heard and decided at the admission stage.
By the instant criminal misc. appeal under Section 449 Cr.P.C., the petitioner has challenged the order dated 5.7.2007 passed by learned Sessions Judge, Hanumangarh (for short 'the trial court' hereinafter) in Criminal Misc. Case
No.77/05 in Sessions case No.46/07, whereby the trial court while keeping the proceedings under Section 446 Cr.P.C. pending, by an interim order directed to forfeit 1/5th of the bail bonds.
Heard learned counsel for the parties.
There is no provision under Section 446 Cr.P.C. to pass an interim order. The procedure when bond has been forfeited has been prescribed under Section 446 including remitting any portion of the penalty mentioned and enforce payment in part. In the circumstances, therefore, the order impugned cannot sustain and is liable to be set aside.
The appeal is therefore, allowed. The order impugned dated 5.7.2007 is set aside and the matter is remanded to the trial court to decide the proceedings under Section 446 Cr.P.C. finally after hearing the parties.
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