CHARAN SINGH versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Charan Singh v. State Of U.P. - CRIMINAL APPEAL No. 21 of 2007 [2007] RD-AH 362 (8 January 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble M. K. Mittal, J.

This appeal has been filed by Charan Singh against the judgement and order dated 24.11.2006 passed by Special Judge, SC/ST Act, Etawah in criminal misc case no. 11 of 2006 under Section 446 Cr.P.C. whereby he directed for issuing recovery warrant against the appellant who stood surety fro accused Guddu in S. T. No. 130 of 1999 State Vs. Guddu.

Heard learned counsel for the parties and perused the impugned judgement.

Admit.

Learned counsel for the appellant has contended that appellant produced the accused in the Court and he has been directed to be released on bail. He has also contended that appellant had been careful in the matter and the accused absented only on one date. Perusal of the impugned order shows that after the service of the notice, appellant neither appeared in the Court nor produced the accused. It also appears that under police pressure accused surrendered in the Court. However the fact remains that he has surrendered and has been release on bail.

In the circumstances, learned counsel for the appellant has contended that surety amount be reduced as the appellant is not in a position to deposit the entire surety amount of Rs. 25,000/-.

Considering the facts and circumstances of the case and the fact that accused had appeared in the Court  the surety amount is liable to be reduced and appeal is liable to be partly allowed.

Appeal is partly allowed with the direction that appellant shall deposit one fifth of the surety amount for which he stood surety  for the accused within one month, failing it,  same shall be recovered according to law.

Dated: 8.1.2007

RKS/21/07

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