Court No. - 50
Case :- CRIMINAL APPEAL No. - 5195 of 2018 Appellant :- Mool Charan And Another Respondent :- State Of U.P.
Counsel for Appellant :- Sushil Kumar,Babu Lal Ram Counsel for Respondent :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the appellants and learned A.G.A and also perused the record.
Admit.
Lower court record need not be summoned.
This appeal has been filed under section 446 Cr.P.C against the impugned order dated 8.6.2017 as well as attachment order dated 31.3.2018 passed by Special Judge SC/ST Act Jalaun at Orai in Crl. Misc. Case No. 20 of 2017 (State Vs. Mool Charan and others) under section 446 Cr.P.C, Police Station Churkhi, District Jalaun.
Learned counsel for the appellants submits that in S.T No.
13 of 2015 (State Vs. Rama alias Saket), under sections 363, 366, 376 I.P.C and Section 4 of Protection of Children From Sexual Offences Act, Police Station Churkhi, District Jalaun, on 7.6.2017, appellants stood as sureties for accused Rama alias Saket; that accused Rama alias Saket did not turn up, on which the learned Special Judge, SC/ST Act, has cancelled his bail and issued notice against sureties, the appellants vide order dated 7.6.2017(Annexure-5); that consequently Misc. Case No. 20 of 2017 was registered against the appellants and notices under section 446 Cr.P.C. were issued to them, copy at page 13; that subsequent thereto, in above sessions trial accused Rama alias Saket was arrested in execution of non-bailable warrants issued against them and was taken into custody vide order dated 26.8.2017 at Annexure-3; that upon arrest of accused, sureties get discharged but the learned Special Judge SC/ST Act acted wrongly and illegally in issuing process and warrant of attachment against the appellants vide order dated 31.3.2018, copy is at page 16; that upon arrest of accused Rama alias Saket the impugned proceedings under section 446 Cr.P.C are liable to be dropped and the order of attachment of the property of appellants which is wrong and illegal is liable to be set aside.
Learned A.G.A has submitted that since the appellants have stood as sureties for the accused, upon absence of accused, the learned Trial Judge was fully justified in drawing the proceedings against the appellants and issuing notices under section 446 Cr.P.C against them.
Upon hearing learned counsel for the parties and perusal of record, I find that since according to certified copy of the order sheets in S.T. No. 13 of 2017 at annexure-3, after issuing of notice under section 446 Cr.P.C against appellants, the accused has been arrested, so the appellants get discharged from their liability as sureties. There can be no justification for issuance of warrant of attachment against them on 31.3.2018 for default committed by accused Rama alias Saket on 7.6.2017, particularly he was taken into custody on 26.8.2017. The impugned order dated 31.3.2018 is wrong and illegal and is liable to be set aside and the proceedings under sections 446 Cr.P.C against the appellants are liable to be dropped.
The appeal is allowed.The impugned orders dated 8.6.2017 and 31.3.2018 issuing notices and warrant of attachment are set aside and the proceedings under section 446 Cr.P.C stand dropped.
Order Date :- 12.9.2018 G.S