RAJ PAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) THE appellants Raj Pal Singh and Raj Kumar, who stood as sureties for the accused Fauran Singh in the sessions trial no. 173 of 2008 pending in the court of Additional Sessions Judge, Fast Track Court No.1, Firozabad, have preferred this appeal against the order dated 21.4.2009 passed by the learned Additional Sessions Judge, whereby the learned Additional Sessions Judge forfeited the bail bonds furnished by the appellants and issued warrants for recovery of the amount of their bail bonds.

(2.) WITH the consent of the learned counsel for the appellant and the learned A.G.A. the instant appeal is being finally disposed of at the stage of admission.

(3.) THE learned counsel for the appellants submitted that appellants were not given any notice as required by section 446 Cr.P.C. after forfeiture of their bail bonds and as such the recovery proceeding is illegal. It was further submitted that the accused Fauran Singh had been appearing in the court concerned and had lastly appeared on 13.2.2009 but remained absent on 20.2.2009 and also on subsequent dates. The accused Fauran Singh, however, appeared on 15.5.2009 and moved application for recall of the warrant but the learned Additional Sessions Judge rejected the application for recall of warrant and committed the accused to custody and since then the accused Fauran Singh is in jail. The learned counsel further submitted that when the accused had appeared before the court concerned on 15.5.2009, there was no justification for the learned Additional Sessions Judge to proceed with the recovery against the appellants.