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Himmat Singh vs. State of Rajasthan

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Code of Criminal Procedure, 1973–Sec. 446(3)–Recovery warrant for the recovery of the entire amount–Appellant furnished the bail bonds for his nephew under the bona fide faith–No material to contradict that he has not made sincere endeavours to trace and produce the accused–He is a poor farmer of remote village–It would be onerous for him to pay the amount of Rs. 1,00,000/- –If the amount is not paid, his land may be taken into attachment–Court has the discretionary powers–Amount is reduced up to Rs. 10,000/-.