JUDGMENT :

Justice Rajiv Sharma, J.

This petition is directed against the order dated 1.9.2015, rendered by the learned Special Judge -III, Solan in case No.67 ASJ-II/4 OF 2015.

2. Key facts, necessary for the adjudication of this petition are that the petitioner stood surety for the accused, namely, Hukam Chand before the trial Court. The accused jumped over the bail and did not put his presence before the trial Court. The proceedings were initiated against the petitioner under the relevant provisions of the Code of Criminal Procedure. The petitioner has not placed on record the entire jimni orders on record but it is evident from order dated 27.8.2014 placed on record that proceedings under Section 446 Cr.P.C. were initiated against the petitioner and he was not present on that date. The case was repeatedly called but none appeared on his behalf. The learned trial Court came to the conclusion that since the petitioner has not put in appearance, he has nothing to say in the matter, therefore, appropriate warrant to realize the forfeited amount was issued against him and report was called for 13.10.14. The matter was taken up on 1.12.2014. Neither the penalty amount was paid nor neces