High Court of Judicature at Allahabad
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Ram Bahadur & Another v. State Of U.P. - CRIMINAL APPEAL No. 6798 of 2006  RD-AH 18984 (9 November 2006)
Hon'ble M. K. Mittal, J.
This appeal has been preferred by Ram Bahadur and Mahipal against the order dated 19.9.2006 passed by Addl. Sessions Judge, Court No. 1, Budaun in Criminal Case No. 4 of 2006 under Section 446 Cr.P.C. whereby the application given by the appellants for discharging them has been rejected.
Heard learned counsel for the parties and perused the order dated 19.9.2006.
Brief facts of the case are that appellants stood sureties for accused Suresh in S. T. No. 229 of 1999. Accused did not appear on the date fixed and notices were issued to the sureties but inspite of personal service they neither appear nor filed any reply thereto. Thereafter learned Court directed for issuing security amount of Rs. 10,000/- from each of the sureties. Order dated 19.9.2006 shows that the accused was in district Jail in some other matter. Thereafter, sureties filed an application for discharge which has been rejected as aforesaid. Feeling aggrieved this appeal has been filed.
Learned counsel for the appellants has contended that since the accused was confined in jail in another case therefore the sureties could not produce him on the date fixed in the Court. In the circumstances, the sureties could not have produce the accused. Although the sureties did not turn up and file any reply to the notice issued to them but there are sufficient ground to exonerate them in the matter.
In the circumstances of the case, appeal is liable to be allowed.
Appeal is allowed. Order dated 19.9.2006 is set aside.
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