KALLOO SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has arisen from an order dated 28-10.1991 of the Sessions Judge, Allahabad forfeiting the personal bond executed by the applicant and issuing him a show cause notice as to why he should not be made liable to pay the amount of bond as penalty.

(2.) Learned counsel for the appellant was asked to show as to how this appeal is maintainable. In reply to this query of the Court the learned counsel for the appellant has drawn my attention to Sections 446 and 449 of the Code of Criminal Procedure, 1973. It has been urged that u/s. 449 of the Code of Criminal Procedure every order is appealable and therefore, impugned order is also appealable. Learned counsel has cited some case laws in support of his contention.

(3.) The facts from which this appeal arises are very brief. Appellant has been named as an acc used in a case registered under Sections 147, 148, 149,307 & 336 of the I.P.C. He had moved a writ petition before this court challenging the First Information Report. However, this court rejected the writ petition but passed an order enabling the appellant to surrender and move an application for bail before the Magistrate concerned. The Magistrate was directed to decide the bail application on the same day. In case this bail application was rejected by the Magistrate, the applicant was permitted to move another bail application before the Sessions Judge concerned who was also directed to dispose of the same as early as possible and preferably on the same day. In case the application was not disposed of the court has directed that the appellant may be released on personal bond for the intervening period.