SHER SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS petition U/S 482 Cr.P.C. has been filed by the petitioners, who stood sureties on behalf of the accused Balveer Singh in Sessions Trial No. 32/1998, State Versus Balveer Singh, for quashing the proceedings of Misc. Criminal Case No. 26/2003 State Vs. Shamsher Singh and others, U/S 446 Cr.P.C., pending before the Sessions Judge, Nainital.

(2.) BRIEF facts giving rise to this petition, are that the accused Balveer Singh absconded during the course of the trial, therefore, the petitioners, who stood sureties on behalf of the accused, were issued notices and the trial court subsequently passed an order U/S 446 Cr.P.C. The recovery notices were issued to the petitioners on 30.10.2002, 10.10.2003 and 28.7.2006.

(3.) THE record shows that the petitoners produced the accused on 17.11.2003 before the trial court and moved an application before the court concerned that the recovery proceedings initiated against the petitioners, be dropped taking into consideration that the petitioners being sureties on behalf of the accused Balveer Singh, had already produced the accused before the court concerned.