LALLU AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) THE appellants Lallu and Vijay have preferred this appeal against the impugned order dated 20.1.2006 rendered by the learned Additional Sessions Judge, Fast Tract Court No. 3, Banda in Misc. Criminal Case No. 7/XI/2005, arising out of S.T. No. 31A/2005, police station G.R.P. Bheemsen, district Banda, whereby the learned Additional Sessions Judge has issued a recovery warrant against each of the appellants for recovery of Rs.30,000/- being the amount of penalty imposed under section 446 Cr.P.C.

(2.) I have heard the learned counsel for the appellants and the learned AGA and perused the record.

(3.) THE relevant facts leading to this appeal are that both the appellants stood as sureties for the accused Sudhir Kumar @ Vinod son of Surendra Kumar alias Genda Lal resident of Chichauli, police station Auraiya, district Auraiya in S.T. No. 31A/2005 under sections 307,356,379 and 411 IPC, police station GRP Bheemsen district Banda. The said accused absconded, consequently the learned Additional Sessions Judge proceeded to make recovery of Rs. 30,000/- as penalty against each of the appellants.