KANHAIYA LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an appeal against the order dated 27-2-1979 under Sec. 446, Cr. P.C. passed by the then learned III Additional Sessions Judge, Sri O. N. Asthana, in Cr. Misc. Case No. 24 of 1978 (State Vs. Kanhaiya Lal) directing the forfeiture of the bond amount.

(2.) A perusal of the record would show that the appellant stood on 3-1-1975 a surety for the accused Babu in Sessions Trial No. 240 B/75 State Vs. Babu under Sec. 399/402 I.P.C. pertaining to Police Station Kos, District Mathura for a sum of Rs. 3,000.00. This Sessions Trial was connected with other Sessions Trial No. 240/75 (State Vs. Yad Ram and others under Sections 399/402. I.P.C. and Sec. 25, Arms Act. The accused Babu in the said Sessions Trial No. 240-B,75 committed default in presenting himself in the Court of the then Additional Sessions Judge, and, therefore, he passed the impugned order on 27-2-1989. The appellant felt aggrieved of the said order and therefore, preferred this appeal against the same.

(3.) A perusal of the record would show that the appellant moved an application on the same day i.e. 27-2-1979 for time to trace the accused Babu and to produce him in the Court. But the learned Additional Sessions Judge passed the following order thereon :