SAKHAWAT HUSSAIN AND ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The appellants stood sureties to the accused Shakeel, against whom a case for the offence under Section 4/25 Arms Act was pending in the Court of Additional Sessions Judge/FTC, Kashipur. Case crime no. 1209 of 2001, under Section 4/25 Arms Act, relating to PS Kashipur was connected with criminal case under Section 307 IPC against Shakeel. Charge-sheet was submitted against Saleem, Parvej, Ashraf and Shakeel, but since Shakeel absconded, therefore, his file was separated from the case of rest of the accused persons. Subsequently, Shakeel appeared before the trial court. He was tried by the said Court and was exonerated of the charges under Section 307 IPC and Section 4/25 of the Arms Act vide order dated 16.12.2005 of Additional Sessions Judge/FTC, Kashipur, District Udham Singh Nagar.

(2.) In between, when accused Shakeel did not appear, notices were issued to his sureties (appellants herein). They responded to the notices of the trial court and moved applications for discharge of such notices, taking excuse that they never stood sureties to accused Shakeel. Such objections were considered by the trial court. The applications paper nos. 6 Kha and 9 Kha filed by them were dismissed, as also their objections that they did not stand sureties to accused Shakeel. Such order was passed by the learned trial court on 21.09.2005. Sureties were directed to deposit surety amount in the Court within ten days, failing which, it was directed that they will be dealt with according to Law.

(3.) Sureties moved further objections by filing application (paper no. 18 kha). Such objections were again considered by learned trial court and were dismissed vide order dated 16.12.2005. A month's further time was granted to the sureties to deposit the surety amount, failing which, it was directed that, the money will be realized from them (as arrears of land revenue).