JAHIR HASAN AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THIS appeal, preferred Under Section 449 of the Code of Criminal Procedure, 1973 [hereinafter to be referred as Cr.P.C.], is directed against the order dated 16.2.1996 passed by the Sessions Judge, Haridwar in Criminal Misc. Case No. 122 of 1995, State v. Jahir Hassan and Ors., Under Section 446 Cr.P.C. thereby imposing penalty of Rs. 4,000/ - each against the appellants/ accused and in case of non -payment of penalty, six months simple imprisonment was awarded and accordingly the recovery warrant was also directed to be issued.

(2.) HEARD learned Counsel for the parties and perused the material available on record.

(3.) THE appellants stood as sureties of accused Ishwar and the amount of surety was Rs. 4,000/ -. The court below provided opportunity to the appellants to produce the accused before the court for which notice Under Section 446 Cr.P.C. was also issued to him which too was sufficiently served upon him, and they also sought time to file the written statement, but when they failed to comply with the order dated 10.1.96, the court below passed the impugned order thereby directing the appellants to deposit Rs. 4,000/ - each and in case of default, six months' S.I. was awarded. Against the said order, this appeal has been preferred. As such, I find that the compliance of Section 446 Cr.P.C. is made by the court below and the order dated 16.2.1996 passed by the court below is justified.