1. This appeal has been preferred under section 449 of Cr.P.C. against the order dt. 12.9.86 ordering recovery of amount of Rs. 5,000/- from the appellant/surety in M.J.C. No. 20/86 of the Court of IInd A.S.J. Mandsaur.

2. The facts leading to the present appeal are that, in S.T. No. 35/86 pending in the Court of IInd A.S.J. Mandsaur, the appellant Badrilal had stood surety and furnished surety bond for an amount of Rs. 10,000/- for accused/Ramchandra, s/o Nagjiram, in pursuance of the order dt. 30.5.85 of High Court, as would appear from the surety bond filed in the record of the lower Court. His surety bond was accepted by the Court of CJM, Mandsaur. By the said surety bond, the present appellant/surety had undertaken to keep the accused/Ramchandra present in the Court of J.M.F.C. Naraingarh and also in other Courts where the case may be transferred on 14.6.85 and thereafter on subsequent dates, till judgment. It is not in dispute that, the accused/Ramchandra for whom the present appellant stood surety did not appear in the Sessions Court on 15.4.86. Therefore, the bail bonds and personal bonds were ordered to be forfeited and notice was issued to the appellant/surety to