Court No. - 78
Case :- CRIMINAL APPEAL No. - 2588 of 1986 Appellant :- Kallan And Another Respondent :- State of U.P.
Counsel for Appellant :- Ravindra Singh Counsel for Respondent :- A.G.A.
Hon'ble Ajit Singh,J.
The case called out in revised list. None is present on behalf of the appellants to press this appeal.
Heard the learned AGA appearing on behalf of the State and perused the record of this appeal.
This is an appeal filed by appellants under Section 449 of Code of Criminal Procedure. The Section 449 Cr.P.C. reads as under:-
"Section 449 in The Code Of Criminal Procedure, 1973.
449. Appeal from orders under section 446. All orders passed under section 446 shall be appealable,-
(i) in the case of an order made by a Magistrate, to the Sessions Judge;
(ii) in the case of an order made by a Court of Session, to the Court to which an appeal lies from an order made by such Court."
This appeal was filed against the impugned order dated 4.10.1986 passed by learned Special Judge (Anti Dacoity), Mainpuri under Section 446 Cr.P.C. in Misc. Case No. 76 of 1984 (State Vs. Kallan and others) forfeiting the surety bonds of the appellants.
From the perusal of the record it reveals that the surety bonds of the appellants were forfeited by the learned Court below when the accused persons for whom they had given the sureties, had not appeared in Court on the date fixed and the proceeding before the court stood held up. This Court finds that the present appeal is pending since 1986 and no one is pursuing this appeal on behalf of the appellants after the interim order was passed on 13.10.1986 staying the realization of the bond amount.
The order impugned has been passed under Section 446 Cr.P.C for realization of the bond amount from the appellants, which is civil in nature and no other punishment was awarded to the appellants by the impugned order. After getting the interim relief, it appears that the appellants are not interested to pursue this appeal.
In view of the above, this appeal is liable to be dismissed for non prosecution.
However, in case the appellants wants to pursue this appeal and shows any good cause for their absence, then, the case will be restored to its original number after depositing half of the surety amount by the appellants in concerned Trial Court.
The appeal is dismissed for non prosecution.
Interim order, if any, stands vacated.
Order Date :- 23.9.2021 LBY