[2025:RJ-JP:46484] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1694/2021 Kamal Son Of Salema, Resident Of Jodhpur Ubhaka, Tehsil Pahari, Bharatpur (Raj). ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent Connected With S.B. Criminal Miscellaneous (Petition) No. 1691/2021 Asfak Son Of Hasan, Resident Of Jodhpur, Tehsil Pahari, Jodhpur, Ubhaka, Bharatpur Raj. ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Manish Kumar Vairagi, Adv. for Mr. Surendra Singh, Adv. For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 18/11/2025 1. These Criminal Miscellaneous Petitions have been filed by the petitioners challenging common order dated 27.01.2021 passed by the Court of Additional District & Sessions Judge No.1, Deeg, Bharatpur, whereby applications under Section 446(3) Cr.P.C. filed by the petitioners for recalling the order earlier passed by the court below for auctioning the attachment of land of the petitioners were dismissed. [2025:RJ-JP:46484] (2 of 3) [CRLMP-1694/2021] 2. It is submitted that the petitioner-Kamal and Nasru, grand-father of the petitioner-Asfak stood as sureties by submitting bail bonds of accused Mubarik, who violated the terms and conditions of the bail bonds and was declared as absconder. However, despite all the efforts made by the petitioners, they could not trace the accused. The petitioners have got no other source of earning, therefore, in case, agricultural land is allowed to be auctioned, the same would cause miscarriage of justice to the petitioners. 3. Learned Public Prosecutor opposed the petitions and submitted that no error whatsoever has been committed by the court below in passing the order under Section 446 (3) Cr.P.C., where proceedings under Sections 82 and 83 Cr.P.C. were drawn against the sureties, who failed to ensure presence of the accused Mubarik. 4. I have perused the order impugned and heard learned counsel for the parties. 5. No procedural error or material illegality has been pointed out by learned counsel for the petitioners in the impugned order. It appears that earlier penalty of Rs.2,50,000/- was imposed and to recover the same, attachment warrant for Rs.2,50,000/- was issued. Following the same, attachment of agricultural land of the petitioners has been made and on account of not depositing the penalty, order of auctioning the agricultural land has been passed. This Court finds no reason to interfere with impugned order. 6. Hence, the Criminal Miscellaneous Petitions are dismissed. [2025:RJ-JP:46484] (3 of 3) [CRLMP-1694/2021] 7. Office is directed to place a copy of this order on record of connected petition. (ANAND SHARMA),J Jatin /14-15