1 S. B. CRIMINAL MISC. PETITION NO.1106/2008 LRs OF SHIV SINGH BALLA V. THE STATE OF RAJASTHAN. DATE: 08/09/2008. HON'BLE MR. JUSTICE C. M. TOTLA Mr. Deepak Kawadia, for Petitioner (s). This is a petition under Section 482, Cr.P.C., assailing the order dated 25.02.2008 under Section 446, Cr.P.C., passed by the District Magistrate, Rajsamand in Parole Petition No.1235 dated 25.02.2008. As per the order, the prisoner after completion of parole did not surrender himself on due date 17.02.2006-so proceedings under Section 446, Cr.P.C., initiated - as surety Shri Shiv Singh reported to be died on September 25th, 2006, so amount of bond of Rs.20,000/- ordered to be recovered from his estate. By this petition, requested that the above order of recovery from estate be set aside as it is not as per law and very cumbersome. On behalf of the petitioner contended that the petitioner is an old widow lady and on death of surety, amount is not liable to be recovered and cannot be recovered from his estate. Perused the order. It is clearly mentioned in the order that on completion of 20 days of parole, concerned prisoner not surrendered on February 17th, as such, order of recovery of surety bond amount Rs.20,000/-. As surety died on September 25th, 2006 that is after months of due date, so the contention that amount cannot be recovered from 2 estate, is not valid. For hardship, suffice it to say that it is not at least within the scope of this petition under Section 482, Cr.P.C.. Accordingly, the petition is rejected. The petitioner is at liberty to seek other remedy as may be available to him as per law. (C. M. TOTLA), J. scd