ZAMIL Vs. STATE OF U P

JUDGEMENT

(1.) -This is a sureties appeal against an order dated 22.4.2008 passed by Addl. Sessions Judge, Fast Track Court No. 1, Aligarh for issuance of recovery warrant against them for realisation of the surety amount.

(2.) HEARD Sri Akhilesh Srivastava, advocate, for the appellants and Mohd. Israil Siddiqui, Additional Government Advocate, for the State at the admission stage itself in this appeal.

(3.) HOWEVER, there is no averment from the sureties, that the accused was in Ludhiyana Jail, when he was supposed to appear in Court. The consequences is that the accused absented himself on one date and it is for this reason that the sureties have to be penalised.