Heard learned counsel for accused appellant as well as learned A.G.A. on application moved on behalf of surety Raj Karan for discharging him from surety ship.
Accused appellant Bachcha @ Sudhir has been released on bail vide order dated 9.1.2007 passed by this Court in this appeal on furnishing the personal bond with two sureties each of the like amount to the satisfaction of court concerned. In compliance of said bail order sureties bond have been furnished before trial court whereupon accused appellant has been released on bail. Therefore if sureties of accused appellant or any one of them wants to be discharged from suretyship he should move application after producing accused appellant before trial court, who has accepted bail bonds, whereupon trial court shall pass order for discharging him from suretyship in accordance with law.
At this juncture learned counsel for accused appellant contended that accused appellant is in jail in another case. If it is true trial court may summon accused appellant from jail and on production of accused appellant from jail trial court may pass order on discharge application moved by surety in accordance with law and shall send accused appellant in jail with warrant of this case. If accused appellant furnishes fresh sureties in pursuance of order dated 9.1.2007 passed by this Court, trial court shall release him on bail after accepting personal bonds in accordance with law.
Office is directed to send copy of this order before trial court for necessary action.
With above direction, this application is disposed off finally.
Order Date :- 8.12.2014/RU