1. - This is an appeal under Section 449 Cr. P. C. against the order dated 23rd September, 1988, passed by the Addl. Sessions Judge, Dholpur whereby he has forfeited the whole amount of the surety bond furnished by the appellant.

2. The appellant stood surety for accused Netram and the bonds were furnished on 30th November, 1984. The accused attended the court for about three years but thereafter remained absent and the bail bonds were forfeited on 2nd December, 1987. The appellant requested for time to search for the accused and he made a search for him but in spite of his best efforts he could not locate the accused. He moved an application for remission in the amount to be forfeited but this was not allowed. Even today the accused is not traceable. The learned counsel for the appellant has contended that the appellant had made all efforts to locate the accused but he is not able to succeed. It is contended that he is a poor man having 121/2 bighas of agricultural land and for the last several years there has been no production because of the drought in the whole State.

3. Considering the circumstances that appellant's financial position is not very good and that he has ma