RAJENDRA Vs. C B I

JUDGEMENT

(1.) Present appeal is filed under Section 449 of the Code of Criminal Procedure, assailing the order dated 18.04.2009, passed by learned Additional Sessions Judge / Ist F.T.C., Dehradun in Criminal Appeal No. 29 of 2007, Ishaq Hussain vs. C.B.I., whereby learned court below was pleased to forfeit the sureties bonds furnished by the present appellant, as well as, another surety namely Rakesh Kumar under Section 446 of the Code of Criminal Procedure.

(2.) Brief facts of the present case inter alia are that accused Ishaq Hussain was convicted and sentenced for the offence punishable under Sections 420, 467, 468, 471, 473 IPC by the learned trial Magistrate. Feeling aggrieved, accused Ishaq Hussain filed a Criminal Appeal No. 29 of 2007, Ishaq Hussain vs. C.B.I. before the Sessions Judge, Dehradun. Learned Sessions Judge, Dehradun, vide order dated 29.06.2007, was pleased to released the accused Ishaq Hussain on bail on furnishing his personal bond of Rs. 15,000/- and two sureties of the like amount. Present appellant Rajendra and Rakesh Kumar stood sureties for the accused Ishaq Hussain and furnished their respective sureties bonds of Rs. 15,000/- each. On 05.08.2008, when appeal was taken for hearing, none for the accused could appear before the court, therefore, learned Appellate Court was pleased to issue Non Bailable Warrant against the accused Ishaq Hussain. Notices were also issued to the sureties. In compliance of notice issued by the Appellate Court, present appellant and another surety Rakesh Kumar appeared before the Appellate Court and moved an application paper took 22-B before the Appellate Court, seeking time to produce the accused Ishaq Hussain before the Appellate Court. On the application, so moved, by the appellant and another surety, namely, Rakesh Kumar, learned Appellate Court, vide order dated 17.03.2009, granted 20 days' time to the appellant and Rakesh Kumar to produce accused Ishaq Hussain before the court. On 18.04.2009, neither accused was produced before the court, as undertook by the present appellant, as well as, another surety Rakesh Kumar nor further time was sought to produce the accused Ishaq Hussain before the court. Therefore, learned Appellate Court, vide order dated 18.04.2009, was pleased to forfeit the surety bonds furnished by the appellant and another surety Rakesh Kumar and was further pleased to issue recovery warrant against the appellant and Rakesh Kumar. Feeling aggrieved, appellant preferred present appeal under Section 449 of the Code of Criminal Procedure.

(3.) I have heard Mr. Pawan Mishra, learned counsel, appearing for the appellant and Mr. Shobhit Saharia, learned counsel for the C.B.I. and have carefully perused the record.