BADRI PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Criminal appeal No. 3472 of 1978 has been filed by four sureties, namely, Badri Pandey, Baijnath Pandey (sureties of accused Hare Ram Thakur), Baliram Pandey and Govind Thakur (sureties of accused Inder Dec Thakur) and Criminal Appeal No. 351 of 1979 has been filed by accused Hare Ram Thakur against the order dated 6-11-78, passed in criminal misc. case No. 28 of 1978, State v. Hare Ram and others forefeiting the personal bonds and surety bonds of the said two accused and four sureties and directing the realisation of the full amounts of those bonds by way of penalty.

(2.) In S. T. No. 80 of 1972, State v. Ram Singhasan and others of P.S. Haldi, District Balia the above mentioned two accused were convicted and sentenced. They were bailed out under the orders of the High Court. Subsequently those bail bonds were canelled. Accordingly both Hare Ram and lader Deo accused were to surrender themselves before the court to undergo their respective sentences. They however, did not surrender in time despite Coercive steps including issuing of non- bailable warrants of arrest against them. Accordingly the personal bail bonds of the accused stood forfeited. However, on 16-9-76 notices were issued to the four sureties to show cause why their surety bonds be not forfeited and penalty thereof realised. They were further required to produce the accused persons by 16-10-78.

(3.) On 16.10-78 all the sureties appeared before the court and applied for time to produce the accused. Baijnath Pandey and Badri Pandey sureties had prayed for one months time while Bali Ram Pandey and Govind had prayed for 1-1/2 months time. However, the court allowed time up to 6-11-78.