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Bhupat Singh v. State Of U.P. - CRIMINAL APPEAL No. 3487 of 2001 [2005] RD-AH 568 (28 February 2005)


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Heard learned counsel for the appellants and learned A.G.A.

This appeal under Section 449 Cr.P.C. has been filed against the order dated 13.09.2001 whereby the court below after sending a show cause notice in a proceeding under Section 446 Cr.P.C., has directed realisation of bond money to the tune of Rs. 50, 000/-.

A perusal of the impugned order shows that the accused Ram Singh has absented for the trial of Criminal Case No. 13 of 1999 (State Vs. Balbir Singh).

The appellants had stood surety to the accused Ram Singh and had executed surety bond to the tune of Rs. 50,000/- each. The accused during the trial of the case had absented and show cause notice was sent to the appellants which was served upon them on 28.6.2001 but they did not appear before the court to show cause and as such, the impugned order dated 13.9.2001 has been passed by the trial court. Obviously, this order does not appear to have any legal lacuna in it.

Learned counsel contends that subsequent to passing of this order, the accused Ram Singh was presented by the appellants before the court on 01.10.2001 and an application was moved for recalling the order, which was passed for realisation of bond money against the appellants. The court below had rejected that application. Learned counsel further submits that some lenient view in the matter should have been taken by the court below without passing the impugned order. After few days, the accused Ram Singh has got surrendered by the appellants. Learned counsel has given reference of provision of sub-section (3) of Section 446 Cr.P.C.

In view of the aforesaid facts and circumstances, it appears that some lenient view in the matter was to be taken definitely and amount of bond directed for realization under the order dated 13.9.2001 impugned in this appeal, should have been reduced. As such, while disposing of this appeal, it is directed that the court below shall consider the circumstances and facts appearing in this case that the accused Ram Singh had already surrendered with the efforts of the appellants and if the appellants move the court for reduction of the amount due for realisation, due weightage be given to all these facts and reduction in realisation of bond money may be directed to the extent as deemed proper by the trial court.

The appeal stands disposed of as above.


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