GAYA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal, J. Heard learned Counsel for the appellant and learned A. G. A. This appeal has been preferred against the order rejecting the application for recalling the order of for feiture of the surety bound which was made and the direc tion to recover the amount was passed by the Court. However, against this order no ap peal is maintainable. Only a revision or on application under Section 482 Cr. P. C. can be preferred against this order.

(2.) LEARNED Counsel for the appellant is permitted to convert this appeal into a revision.

(3.) IN the circumstances once the Court comes to the conclusion and has returned a finding of fact that he (surety) had not deliberately avoided to produce the accused by Court and because of their best efforts the attendance of the accused can be procured by the Court. It was he who had visited Bombay and got main accused arrested by Bombay Police.