HARVINDER SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This criminal appeal was filed by the appellant against the judgment and order dated 10.10.2003, passed by Addl. Sessions Judge / III F.T.C., Nainital, in Misc. Case No. 42 of 2003, captioned as Nanhey and another, whereby learned Addl. Sessions Judge forfeited the bail bond of the accused and issued recovery warrant against the appellant.

(2.) Appellant Harvinder Singh stood surety to accused Virender Singh in a case relating to offence punishable under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. Appellant filed a bail bond of Rs. 50,000/-. Accused Virender Singh absconded for a long time. Notice was issued to the appellant-surety under Section 446 of Cr.P.C., but in reply to that he did not appear before the court below, despite service of notice upon him. No explanation was offered on his behalf for the absence of accused Virender Singh. In the absence of the accused and his surety, learned Addl. Sessions Judge was compelled to direct realization of Rs. 50,000/- as penalty under Section 446 of Cr.P.C. as arrears of land revenue from the appellant-surety, vide order dated 10.10.2003. Said order is under challenge before this Court.

(3.) On 30.12.2003, an application was moved by the surety for recalling the order dated 10.10.2003. It was contended on behalf of the surety before the court below that the accused was produced before the Court on 06.12.2003, on which date the accused was sent to jail.