CHHEDIYA versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Chhediya v. State of U.P. - CRIMINAL APPEAL No. 5259 of 2004 [2004] RD-AH 1116 (11 October 2004)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble R.C.Deepak, J.

Heard learned counsel for the appellant, learned Addl. Government Advocate for the State and perused the judgment.

The contention of learned counsel for the appellant stood surety to one Niwazi who is an accused in a case punishable under section 308 IPC.  The abovenamed accused is absconding and till today there is no trace of him.  The appellant made his best efforts to search him out but till today he could not succeed.  The trial court has directed the appellant to deposit Rs. 15,000/- as surety amount.  The appellant is not economically sound to deposit the such amount. He further submits that a reasonable time be granted to him to make the search of the accused and produce him before the court.

Under the facts and circumstances of the case two months time is granted to the appellant to trace out the abovenamed accused and produce him before the court concerned and during this period the order for realization of surety amount in pursuance of order dated 30.9.2004 shall remain suspended and in the event the appellant failed to produce the accused before the court concerned, the court concerned shall be at liberty to proceed in accordance with law.

With these observations the appeal stands disposed of.

Dated: 11.10.2004.

MH/5259

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