KASHI RAM Vs. STATE OF U P

JUDGEMENT

(1.) The present Criminal Appeal under Section 449 Cr.P.C. has been filed by the surety, who is aggrieved by the impugned orders dated 3.6.2011 and 21.11.2017 passed by the Additional Sessions Judge, Court No. 1, Mathura, in Crl. Misc. Case No. 03 of 2011, under Section 446 Cr.P.C., (State Vs. Kashi Ram) arising out of S.T. No.46 of 2008, (State Vs. Randhir) under Sections 304, 323, 504 and 506 of I.P.C. P.S. Kosikalan, District-Mathura.

(2.) The appellant is surety of accused Randhir in aforesaid Sessions Trial who had bound himself for Rs. One Lakh in order to secure attendance of the accused Randhir before the court below. The accused Randhir was appearing before the court below regularly, however, on some dates he became absent. As a result on 18.5.2011 coercive processes were issued against him and notices were issued to the sureties under section 446 Cr.P.C. to show cause why they should not be directed to pay the bond amount as penalty. On the basis of the aforesaid order dated 18.5.2011 Misc. Case No. 3 of 2011, State Vs. Kashi Ram, u/s 446 Cr.P.C. was registered separately against the appellant on 3.6.2011. The appellant appeared before the court below and prayed for time to secure the appearance of the accused before the Court. The time was granted. However, due to various reasons like strike by lawyers and the Presiding Officer being on leave, hearing of Misc. Case could not take place and ultimately the learned Additional Sessions Judge, Court No. 1, Mathura, on 21.11.2017 passed the impugned order whereby realization warrant was issued against the appellant. The aforesaid two orders i.e. the orders dated 3.6.2011 forfeiting the bail bonds and 21.11.2017 issuing recovery warrant passed by the court below are under challenge in this appeal.

(3.) Heard learned counsel for the appellant and learned AGA. Perused the record.