Father sent to jail for failing to pay surety for son

Father sent to jail for failing to pay surety for son
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Nusrat Sidiq
Srinagar: The Chief Judicial Magistrate Srinagar on Monday sentenced the father of a juvenile to four months in prison after he failed to pay the surety amount of Rs 20,000 for his son. The juvenile had forfeited the surety bond in 2016, following which police invoked a levy warrant against the father and issued an arrest warrant against the juvenile.
The juvenile has been absent from hearings since 2013 while his father, Shabir Ahmad Khan, had executed a bond of Rs 20,000 for his bail after his son was arrested on charges of stone-throwing.
Police invoked Sections 148, 149, 152, and 336 of the Ranbir Penal Code in the FIR of the case registered at Police Station Maharaj Gunj in Srinagar. A charge sheet was filed in August 2013 when the juvenile accused was released on bail. The accused has since remained absent from court hearings.
The Chief Judicial Magistrate Srinagar sent the father to jail under Section 514 of RPC as the father was unable to pay Rs 20,000 as penalty for his son’s absence from hearings.
The court also sought school records for ascertaining the age of the juvenile and directed the principal of Vasanta High School in Kral Khud, where the juvenile studied, to produce relevant records on April 27 to verify his age. The court has sought verification of the boy’s age to conclude the enquiry under Section 8 of Juvenile Justice Care and Protection Act.
The court also directed the accused to furnish new bail bonds as the earlier bonds were forfeited. As the accused is now an adult, the court has directed police to send him to Central Jail Srinagar with a direction to the jail superintendent to produce the accused in court on April 27.
Shabir Ahmad Khan appeared in court on February 17 and was directed to produce his son and file objections as to why he is unable to deposit the forfeited amount on the next hearing on March 7. However, both the father and son remained absent on that date. On Monday, a levy warrant was produced before the court by police with a report that the father of the juvenile had no property worth Rs 20,000 which could be attached and sold.
The court under Section 514 (clause 3 and 4) was convinced that the forfeited amount of bail bonds could not be recovered and as such, the father was sentenced to 4 months in prison. The court issued direction to the Superintendent of Central Jail Srinagar to execute the imprisonment warrant and file a compliance report.

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