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Manoj Kumar Singh & Another v. State Of U.P. - CRIMINAL APPEAL No. - 7969 of 2007  RD-AH 18457 (29 November 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Crl. Appeal No. 7969 of 2007
1. Manoj Kumar Singh son of Sri Hargan Singh.
2. Basudev Singh son of Subedar Singh
Both R/o Village Bhokraudhi, P.S. Jamalpur
District Mirzapur. ...... 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.The abovenamed Appellants were sureties of one Lal Bahadur Singh an accused in S.T. No. 61 of 1997, under Sections 323, 504, 354, 506, 326 I.P.C. and Section 3 (1) 10 of S.C. Act, pending in the Court of Special Judge S.C./S.T. Act, Mirzapur.
3. The accused absented himself in consequence whereof the Trial Court under Section 446 Cr.P.C. issued show cause notices thrice to the sureties , which were served on them but they d id not appear. The Special Judge S.C./S.T. Act, therefore, in proceedings Misc. Case No. 5 of 2006 by order dated 2.11.2007 ordered to deposit the amount of surety worth Rs. 10,000/- each on 7.11.2007 to the sureties and rejected their application dated 25.9.2007 to exonerate them.
4.That is what brings the appellants here in appeal.
5.Heard Sri B.P. Singh, advocate for the appellants- Sureties and Sri Surendra Singh-II, Addl. Government Advocate for the State, at the admission stage.
6.The counsel for the appellants contends that Lal Bahadur has already appeared before the Court and has been bailed out. This cannot be a valid reason for exonerating the appellants. Their prayer for exoneration is, therefore, rejected but as the accused has already appeared, the amount of penalty imposed upon the appellants is reduced from Rs. 10,000/- each to Rs. 5,000/- each which the appellants will deposit before the Trial court within one and half month from today.
7.Appeal allowed to that extent.
8.Office will send a copy of this order to the court concerned for information and compliance.
Dt. 29th November, 2007
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