RAJENDRA PRASAD JAISWAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS judgment also governs the disposal of connected Criminal Appeal No. 1204/99, Parmanand Sindhi v. State.

(2.) BOTH the aforesaid criminal appeals have been filed by the appellants Rajendra Prasad and Parmanand, respectively against the order dated 21.7.1999 passed by I Additional Sessions Judge, Neemuch (Mr. H.K. Dubey) in MJC No. 4/99 State v. Rajendra Prasad and MJC No. 5/99 State v. Parmanand. By the impugned order, the trial Court directed for issuance of recovery warrant against sureties Rajendra Prasad and Parmanand who stood as sureties before the trial Court for accused Suresh Jaiswal who was absent on 1.9.1998. Thereafter, accused Suresh voluntarily surrendered himself on 29.5.1999. He submitted his bail application which was considered on 22.6.1999 and by order dated 22.6.1999, he was ordered to be released on bail of Rs. 20,000/ with two solvent sureties of Rs. 10,000/ each to the satisfaction of the trial Court. While releasing the accused on bail, the trial Court forfeited 5,000/ rupees from his personal bonds. By the same order, the trial Court has directed for registration of separate MJCs against the sureties under section 446 of the code of Criminal Procedure and that is how the aforesaid MJCs, i.e., 4/99 and 5/99 were registered against sureties Rajendra Prasad and Parmanand, respectively.

(3.) IN the meantime, both the sureties have filed aforesaid criminal appeals against the order of issuance of recovery warrants, under section 449 of the Code of Criminal Procedure, which were admitted on 24.9.1999 and stay was also granted.