Court No. - 62
Case :- CRIMINAL APPEAL No. - 2239 of 2004 Appellant :- Balakram & Another Respondent :- State Of U.P.
Counsel for Appellant :- Vishram Singh Raghuvanshi Counsel for Respondent :- Govt. Advocate
Hon'ble Krishna Singh,J.
List has been revised. No one has appeared on behalf of the appellants' sureties.
Heard learned AGA and perused the record.
This appeal has been instituted u/s 449 of Cr.P.C. by the appellants' sureties against the impugned judgment and order dated 12.4.2004 passed by the Special Judge (S.C./S.T. Act) Etawah/ trial court u/s 446 of Cr.P.C. in Criminal Misc. No.02 of 2003.
Appellants namely Balakram and Bakoo Ram stood sureties in Sessions Trial No.543 of 1998 (State vs. Chhiddan Khan), which was pending in the court of Special Judge, S.C./S.T. Act, Etawah, for accused Chhiddan Khan. Accused did not appear on the date fixed, therefore, notices were issued to the appellants' sureties but neither they appeared before the trial court nor they produced the accused. Therefore, by an order, learned trial court forfeited the surety bonds of the appellants and directed for recovery of Rs.7,000/- from each of appellants as arrears of land revenue.
It is evident from the record that on 9.4.2004, two separate applications were moved on behalf of the appellants' sureties for quashing the proceedings pending against them, u/s 446 of Cr.P.C. stating therein that accused could not appear in the court as he has been arrested and was detained in jail in another case, subsequently, accused has been summoned from jail in the case.
By means of impugned judgment and order dated 12.4.2004, aforesaid applications moved on behalf of the appellants' sureties, have been disposed of by the learned trial court with the observations that sureties have violated the process of the court and they did not produce the accused. However, learned trial court after considering the financial position of the sureties and other relevant facts and circumstances of the case, remitted the amount of penalty from Rs.7,000/- to Rs.3,000/- with the directions that aforesaid amount shall be paid by the sureties within one week.
It is evident from the record that maximum benefit has already been afforded by the trial court. I do not find any justification to interfere with the findings recorded by the trial court. The appeal is devoid of merit and is accordingly dismissed.
Let a copy of this order be sent to the court below for needful compliance under intimation to the court within three months from the date of receipt.
Order Date :- 30.4.2018 Rishabh