Court No. - 80
Case :- CRIMINAL APPEAL DEFECTIVE No. - 606 of 2019 Appellant :- Karan Singh And Anr.
Respondent :- State Of U.P.
Counsel for Appellant :- Shams Uz Zaman Counsel for Respondent :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
At the very outset, learned counsel for the appellants has submitted that the accused persons in the concerned case has appeared before the learned trial court and even then the attachment order has been passed by the learned trial court. He also submitted that no notice was served to the sureties who are poor person and farmer of the village. They could know about the case only when the Recovery Officer reached to their house, then they contacted their counsel, thereafter, this appeal has been filed.
This fact has been alleged by the learned counsel for the appellants on affidavit that in the concerned Sessions Trial No. 484 of 2016 in which, the appellants have been sureties, the accused is already appearing, if this is the case, the appellants should have filed necessary application before the learned trial court for taking into consideration this fact and pass suitable orders. The appeal appears to be immature at present.
Therefore, with the observation that appellants may file necessary application before the learned trial court for recall of the order or any suitable order before the learned trial court, the appeal is finally disposed of.
Order Date :- 26.4.2019 Bhanu