ALI HUSSAIN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This criminal appeal was filed by the appellant against the judgment and order dated 18.11.2003, passed by Addl. Sessions Judge / III F.T.C., Nainital, in S.S.T. No. 10 of 2000, captioned as State vs Ali Hussain, whereby learned Addl. Sessions Judge forfeited the bail bonds of the accused and issued recovery warrant against the appellant.

(2.) S.S.T. No. 10 of 2000, captioned as State vs Ali Hussain, under Section 2/3 of the U.P. Gangsters and AntiSocial Activities (Prevention) Act 1986, was pending before learned Addl. Sessions Judge, Nainital. Appellant Ali Hussain stood one of the sureties for the accused Abrar Hussain, who did not appear before the court below.

(3.) Since a proper notice under Section 446 of Cr.P.C. was issued to the appellant-surety to which neither did he appear before the court below nor offered any explanation, therefore, learned Addl. District Judge committed no mistake in making a request to the Collector, Nainital to realize the amount of bail bond from the surety as arrears of land revenue. There is, therefore, no illegality in the impugned order.