BAIJU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred by Baiju, Puttan Mishra and Ganga Charan against the order dated 31-8-1977 passed by Sri. D.N. Shukla, III Additional Sessions Judge, Banda thereby forfeiting the surety bonds of the amount of Rs. 2,000/- furnished by Baiju and Puttan Mishra appellants for securing release of the appellant Ganga Charan on bail in Sessions Trial No. 85 of 1977, State v. Gulzari and others under S.302/34, I.P.C. Ganga Charan accused appellant has also furnished the bail bonds in the like amount of Rs. 2,000/-.

(2.) The facts giving rise to the aforesaid appeal in this Court are that during the pendency of the aforesaid Sessions Trial No. 85 of 1977, accused Ganga Charan absented himself on 30th August, 1977, the date of hearing. However, an application accompanied with a medical certificate was made before the Sessions Judge praying therein to exempt the accused-appellant from his personal attendance because of his ailing condition. Consequent upon the application aforesaid the learned Sessions Judge put the matter off the next dated i.e. 31-8-1977, and on the said date i.e. 31-8-1977, the learned Sessions Judge passed the aforesaid impugned orders thereby forfeiting the surety bonds and personal bond of the appellants and also directing therein for realisation of Rs. 2,000/- as the penalty amount of surety bonds from each of the appellants.

(3.) From a bare reading of the materials on record, it crystallises that the accused-appellant Ganga Charan surrendered before the Court preceding the date 10-9-1977 and, therefore, the trial against accused Ganga Charan proceeded accordingly culminating in the conviction of Ganga Charan along with others, recorded by the learned Sessions Judge, Banda on 25-4-1978. Consequent upon the conviction recorded by the trial Court, the accused-appellant Ganga Charan and others came up in appeal before this Court, which was ultimately allowed on 26th Sept., 1988 by a Division Bench of this Court acquiring Ganga Charan and others of the charges under S.302/34, I.P.C.