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Babu Singh & Another v. State Of U.P. - CRIMINAL APPEAL No. - 7610 of 2007  RD-AH 17733 (14 November 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Crl. Appeal No. 7610 of 2007
1. Babu Singh son of Sadhu Singh
R/o village Chandrawali Tehsil Madhogarh,
P.S. Kuthond, District Jalaun.
2. Darshan Singh son of Sri Gajraj Singh,
R/o Village Siddhpur, Tehsil Madhogarh,
P.S. Rampura, District Jalaun. ...... Appellants/Sureties
State of U.P. ......Respondent
(By Hon'ble Barkat Ali Zaidi, J.)
1.This is an appeal arising out of the proceedings under Section 446 Cr.P.C.
2.Heard Sri B.N. Singh, advocate for the appellants and Sri Surendra Singh-II, Addl. Government Advocate for the State, at the admission stage.
3.The two sureties who have filed this appeal, were fined Rs. 40,000/- ( Rupees forty thousand) each because the accused did not appear on the date fixed and the Special Judge (D.A. A.)Act Jalaun at Orai ordered issuance of non bailable warrant against him and the bail bonds of the sureties were forfeited.
4. The contention of the counsel for the appellants- sureties here, is that they are farmers. They hail from Bundelkhand region which is hit by drought for past 5 years continuously. The trial judge, therefore, reduced the amount of penalty payable by each surety from Rs. 400,00/- to Rs. 30,000/-.
5.That is what brings the appellants in appeal here.
6.The order of Trial Judge does not speak that the accused has been apprehended, even the sureties do not say so. But it is well known that there are scanty rains in the Districts of Bundelkhand for last many years. The matter pertains to Jalaun at Orai, which forms part of Bundelkhand region. The counsel for the State has not controverted this contention of appellant and the judge has also not mentioned in his order that the factum of drought or appellants being the agriculturists, is wrong . In these circumstances, the order of the trial judge appears to be a bit harsh, and a lenient view in the matter will be justified and proper.
7.The appeal is, therefore, partly allowed that the fine imposed by the Trial Judge on each appellants is reduced to Rs. 15,000/- to be paid in two months.
Dt. 14th November, 2007
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